Curtis C. Evans v. State of Mississippi
188 So. 3d 1256
| Miss. Ct. App. | 2016Background
- Evans pled guilty to armed robbery in 2002 and received a 16-year MDOC sentence with eight years suspended and eight to serve, plus three years of PRS.
- Evans’s PRS was placed on July 15, 2009 for three years.
- Evans was arrested for robbery and indecent exposure on April 18, 2010; a petition to revoke PRS was filed on April 23, 2010.
- Evans waived a preliminary probation-revocation hearing; a revocation hearing occurred on July 6, 2010.
- The trial court revoked PRS based on violations and resentenced Evans to the original 16-year term with credit for time served.
- Evans filed a PCR motion on November 12, 2013, which the trial court denied on December 17, 2014.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of PCR under 99-39-5(2) | Evans argues time-bar should not apply due to unlawful revocation | State argues strict three-year bar; exception applies only to unlawful revocation | Timeliness barred, but exception for unlawful revocation applies; issues addressed on merits |
| Appointment of counsel at revocation | Evans lacked counsel during revocation hearing | No automatic right to counsel unless issues are complex | No error; no automatic right to counsel; issues not complex |
| Initial appearance/notice at revocation | Evans did not receive initial appearance | Waiver of preliminary hearing and notice met due process | No due-process violation; waiver valid |
| Illegality of sentence | Sentence illegal | Sentence within statutory guidelines | Sentence within statutory guidelines; not illegal |
| Right to appellate redress after revocation | Court failed to advise right to appeal | Direct appeal of revocation not proper; PCR appropriate; Celestine factors considered | No error; revocation not appealable; PCR proper avenue |
Key Cases Cited
- Magee v. State, 152 So. 3d 1193 (Miss. Ct. App. 2014) (unlawful probation revocation exception to time-bar governs PCR)
- Edmond v. Miss. Dep't of Corr., 783 So. 2d 675 (Miss. 2001) (parole revocation exceptions to PCR time-bar)
- Leech v. State, 994 So. 2d 850 (Miss. Ct. App. 2008) (unlawful revocation not subject to time-bar)
- Mayfield v. State, 822 So. 2d 332 (Miss. Ct. App. 2002) (no automatic right to counsel at revocation; complex issues may require counsel)
- Pruitt v. State, 953 So. 2d 302 (Miss. Ct. App. 2007) (case-by-case determination for counsel at revocation proceedings)
- Celestine v. State, 143 So. 3d 633 (Miss. Ct. App. 2014) (due-process requirements for revocation hearings; not required to advise of PCR rights)