Albert Charles Hicks v. State of Mississippi
185 So. 3d 426
| Miss. Ct. App. | 2016Background
- Albert Hicks pleaded guilty in 1998 to sale of cocaine and was sentenced to 20 years: 12 years suspended, 8 years to serve, and 8 years post-release supervision (PRS).
- Hicks served his term, was released, and in 2010 violated PRS by selling cocaine; the court revoked suspension and ordered him to serve remaining time.
- In May 2014 Hicks filed a pro se motion seeking correction of an illegal sentence, arguing his 8-year PRS exceeded the statutory PRS maximum and made his total punishment illegal.
- The circuit court treated the filing as a motion for post-conviction collateral relief (PCCR) under the UPCCRA and dismissed it as time-barred.
- The court also addressed the merits, concluding that PRS beyond five years is treated as a mix of supervised (up to 5 years by MDOC) and ‘‘unsupervised’’ PRS and that PRS does not count toward the incarceration total for purposes of the statutory maximum.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness under UPCCRA | Hicks: his challenge to sentencing is valid despite delay. | State: motion filed more than three years after judgment; time-barred. | Dismissed as time-barred; Hicks failed to show an exception. |
| Legality of 8-year PRS term | Hicks: statute limits PRS to 5 years, so 8-year PRS is illegal. | State: statute limits MDOC supervision to 5 years; longer PRS can be partly unsupervised. | PRS is 5 years supervised + 3 years unsupervised; no illegality. |
| Whether combined sanctions exceed 20-year maximum | Hicks: 8 years incarceration + 12 suspended + 8 PRS exceed 20-year sentence. | State: PRS does not count toward the incarceration total; statute allows PRS in addition to incarceration. | PRS not included in calculation of maximum; combined sentence does not exceed 20 years. |
Key Cases Cited
- Miller v. State, 875 So. 2d 194 (Miss. 2004) (PRS beyond five years splits into supervised and unsupervised terms)
- Johnson v. State, 925 So. 2d 86 (Miss. 2006) (clarifies unsupervised PRS is court-monitored beyond MDOC's five years)
- Sweat v. State, 912 So. 2d 458 (Miss. 2005) (applies supervised/unsupervised division for multi-year PRS)
- Long v. State, 982 So. 2d 1042 (Miss. Ct. App. 2008) (statute limits MDOC supervision but not total PRS years as labeled)
- Fluker v. State, 2 So. 3d 717 (Miss. Ct. App. 2008) (probation/PRS time is not included in calculation of maximum incarceration)