Atwood v. State
183 So. 3d 843
| Miss. | 2016Background
- Atwood pleaded guilty to grand larceny and received a 10-year sentence with 9 years, 11 months suspended and five years of post-release supervision; restitution-center participation was a supervision condition.
- Atwood was expelled from the restitution center; the field officer petitioned to revoke his post-release supervision.
- The Wayne County Circuit Court found Atwood violated supervision, revoked his supervision, and ordered him to serve the remainder of his original sentence.
- The circuit court held the 2014 legislative amendments to Miss. Code Ann. § 47-7-37 (House Bill 585), which impose graduated penalties for technical violations, unconstitutional under separation-of-powers.
- Atwood filed a post-conviction relief motion arguing reinstatement of the suspended sentence violated the amended § 47-7-37; the circuit court denied relief and again declared the amendments unconstitutional.
- The Supreme Court of Mississippi reversed, concluding the amendments are valid and remanded for recommitment proceedings under § 47-7-37; the Court also held § 99-19-29 did not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Legislature may amend penalties for violations of post-release supervision | Atwood: Reinstating full suspended term exceeded maximum allowed under amended § 47-7-37 | State: Amendments are unconstitutional as they limit the court’s inherent power to enforce orders (separation of powers) | Court: Legislature may set and amend penalties; amendments are constitutional and do not usurp judicial authority |
| Whether a circuit court may rely on § 99-19-29 to revoke post-release supervision and impose imprisonment | Atwood: § 99-19-29 does not authorize revocation of post-release supervision imposed under § 47-7-34 | State: Circuit court relied on § 99-19-29 as alternative authority | Court: § 99-19-29 does not apply; revocation and recommitment are governed by § 47-7-37 |
Key Cases Cited
- Johnson v. Sysco Food Servs., 86 So.3d 242 (Miss. 2012) (presumption of constitutionality and standard for constitutional questions)
- Parker v. State, 119 So.3d 987 (Miss. 2013) (defining legislative role in prescribing punishments)
- Johnson v. State, 925 So.2d 86 (Miss. 2006) (historical note that courts lacked inherent authority to suspend felony sentences before statute)
- McDaniel v. State, 356 So.2d 1151 (Miss. 1978) (statutory basis for sentence suspension authority)
- Miller v. State, 875 So.2d 194 (Miss. 2004) (post-release supervision is a statutory creature)
- Carter v. State, 754 So.2d 1207 (Miss. 2000) (§ 47-7-34 created post-release supervision)
- Bd. of Trs. of State Insts. of Higher Learning v. Ray, 809 So.2d 627 (Miss. 2002) (legislature may take back by statute what it previously granted)