Boyd v. State
2011 Miss. App. LEXIS 400
| Miss. Ct. App. | 2011Background
- Boyd pled guilty in 2002 to two counts of aggravated assault, receiving concurrent 20-year sentences with 15 years suspended on each count and 5 years under post-release supervision (PRS).
- In 2008, while on PRS, Boyd was arrested for possession of a firearm by a convicted felon, and the State petitioned to revoke PRS and reinstate the suspended sentences.
- Boyd waived a preliminary revocation hearing; a formal revocation hearing was held in August 2008 where Boyd admitted the arrest but claimed he had not pleaded guilty to the firearm charge and intended to contest it.
- The circuit court explained that revocation based on alleged criminal activity requires proof more likely than not, not necessarily a conviction.
- The State later advised the court that Boyd had been indicted by a Union County grand jury, though no certified indictment was provided at the hearing; a warrant certificate was used to show probable cause.
- The circuit court found Boyd violated PRS and revoked PRS, ordering return to MDOC to serve the suspended 15 years, with 7 years suspended and 5 years PRS; PCR motion followed in 2009 and was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PRS revocation based on arrest/charge without conviction was proper. | Boyd contends revocation relied solely on arrest/charge. | State argues proof of probable cause or a conviction suffices. | No error; revocation proper with probable cause evidence. |
| Whether an indictment constitutes prima facie probable cause for PRS revocation. | Boyd asserts indictment proof was lacking at revocation. | Indictment established probable cause prior to revocation. | Indictment supported probable cause for PRS revocation. |
| Standard of review for PCR factual findings vs. legal conclusions. | Not explicitly argued beyond improper revocation standard. | Appellee adheres to established MS PCR standards. | Appellate review uses clearest-error for facts and de novo for law. |
Key Cases Cited
- Brown v. State, 864 So.2d 1058 (Miss.Ct.App.2004) (more likely than not standard for PRS revocation when no conviction)
- Peacock v. State, 963 So.2d 1180 (Miss.Ct.App.2007) (opportunity to respond; mistaken assumptions about conviction standard)
- Council v. Miss. Dep't of Corrs., 51 So.3d 256 (Miss.Ct.App.2011) (standard of review for PCR; interplay of factual and legal conclusions)
- Doss v. State, 19 So.3d 690 (Miss.2009) (preponderance standard and burden in PCR proceedings)