Billie Salvador Braziel v. State of Mississippi
186 So. 3d 424
| Miss. Ct. App. | 2016Background
- Braziel was indicted in 2009 in Harrison County Circuit Court for possession of cocaine and pled guilty, receiving a 16-year sentence with 13 years suspended and 3 years to serve, plus 5 years PRS.
- PRS conditions included avoiding crime, disreputable associations, and paying various sums (fees, costs, fine, restitution) in specified intervals.
- Braziel placed on PRS in January 2012; on March 21, 2013 he was arrested for possession with intent to distribute, and tested positive for cocaine, opiates, and marijuana.
- On April 22, 2013, the State petitioned to revoke his PRS based on five alleged violations including a drug arrest, a failed drug test, association with Buckley, and arrears in payments.
- A revocation hearing was held May 20, 2013; Braziel admitted failing to pay amounts and admitted marijuana possession; the court found multiple PRS violations and revoked his probation, sentencing him to the original term.
- In March 2014, a grand jury returned a no true bill on the possession-with-intent charge; Braziel then filed a PCR motion in October 2014, which the circuit court denied on December 1, 2014; the circuit court held that the no true bill did not vitiate the revocation and that there was ample evidence to revoke PRS.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence after no true bill | Braziel: no crime proven | State: need only prove PRS violation, not crime | Sufficient evidence to revoke PRS |
| Whether associating with Buckley violated PRS condition | Braziel did not 'hang out' with Buckley | Evidence showed Braziel exited Buckley's car with Buckley; responsibility for violation established | Yes, violated condition (b) |
| Role of drug use in revocation given treatment efforts | Braziel sought treatment; argues drug use should not support revocation | Drug use and Buckley association independently supported revocation | Yes, independent grounds supported revocation |
Key Cases Cited
- Fairley v. State, 138 So. 3d 280 (Miss. Ct. App. 2014) (revocation standard focuses on probable violation of PRS, not proving crime)
- Brown v. State, 864 So. 2d 1058 (Miss. Ct. App. 2004) (no true bill can affect revocation if proof shows probable violation of PRS)
- Mayfield v. State, 822 So.2d 332 (Miss. Ct. App. 2002) (probation revocation based on cocaine use supported even if payment issue absent or minor)
- Silliman v. State, 8 So.3d 256 (Miss. Ct. App. 2009) (drug use and association as grounds for revocation)