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Court denies rehearing in sexual battery appeal

The Mississippi Court of Appeals will not rehear the case of a man convicted with sexual battery.

Posted: Oct. 19, 2017 8:07 AM
Updated: Oct. 19, 2017 8:07 AM

JACKSON, Miss. (WTVA) -- The Mississippi Court of Appeals will not rehear the case of a man convicted with sexual battery.

Johnny Holton, 49, pleaded guilty in 2011 in Winston County Circuit Court to one count of sexual battery of a child under the age of 14 and one count of sexual battery of a child under the age of 18 by a person in a position of trust.

He was sentenced to 30 years in prison under a plea agreement and seven other charges were dropped by prosecutors.

Holton filed a motion for post conviction relief just over three years after his court appearance challenging the job his attorney did in the case.

The trial judge denied the PCR and on appeal to the Mississippi Court of Appeals, the appellate panel said it was filed outside of statutory deadlines and he failed to show a valid reason why the PCR should be allowed outside the set deadline.

The court refused to rehear its decision Tuesday.

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