Jerimiah Terronova, Jr. Cole v. State of MS ( 1995 )


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  •                          IN THE SUPREME COURT OF MISSISSIPPI
    NO. 96-KP-00003-SCT
    JERIMIAH TERRONOVA COLE, JR. a/k/a J. T. COLE,
    JR.
    v.
    STATE OF MISSISSIPPI
    THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED,
    PURSUANT TO M.R.A.P. 35-A
    DATE OF JUDGMENT:                              11/14/95
    TRIAL JUDGE:                                   HON. ROBERT WALTER BAILEY
    COURT FROM WHICH APPEALED:                     LAUDERDALE COUNTY CIRCUIT COURT
    ATTORNEY FOR APPELLANT:                        PRO SE
    ATTORNEY FOR APPELLEE:                         OFFICE OF THE ATTORNEY GENERAL
    BY: WAYNE SNUGGS
    DISTRICT ATTORNEY                              BILBO MITCHELL
    NATURE OF THE CASE:                            CRIMINAL - OTHER
    DISPOSITION:                                   DISMISSED - 8/7/97
    MOTION FOR REHEARING FILED:
    MANDATE ISSUED:                                8/29/97
    BEFORE PRATHER, P.J., ROBERTS AND MILLS, JJ.
    PRATHER, PRESIDING JUSTICE, FOR THE COURT:
    The appellant, having previously pled guilty to uttering forgery, petitioned the trial court for
    production of the records in his case. The appellant's stated reason for requesting the record was to
    prepare his post-conviction relief motion. The trial judge denied the request for records as frivolous,
    which gave rise to this appeal. There is no right to an appeal of an independent motion for production
    of the record--outside the context of a) a direct appeal on the merits (precluded in this case by the
    guilty plea), or b) a proper motion for post-conviction relief. Therefore, the appeal is dismissed for
    lack of jurisdiction. See Fleming v. State, 
    553 So. 2d 505
    , 506-8 (Miss. 1989).
    DISMISSED.
    LEE, C.J., SULLIVAN, P.J., PITTMAN, BANKS, McRAE, ROBERTS, SMITH AND
    MILLS, JJ., CONCUR.
    

Document Info

Docket Number: 96-KP-00003-SCT

Filed Date: 11/14/1995

Precedential Status: Precedential

Modified Date: 10/30/2014