Davis v. State
2014 Miss. App. LEXIS 345
Miss. Ct. App.2014Background
- Davis pled guilty to uttering forgery and was sentenced to two years in MDOC custody followed by five years of post-release supervision, to run consecutively to a prior sentence, with restitution, costs, and a $200 fine.
- Davis was placed on earned-release supervision (ERS) on November 3, 2011 and released to post-release supervision on August 27, 2012.
- A petition to revoke Davis’s post-release supervision was filed September 11, 2012 alleging outstanding fees and marijuana use with admissions of use on February 7, 2012, June 14, 2012, and September 5, 2012.
- A revocation hearing occurred on October 22, 2012 where counsel stated admitted marijuana use on the listed dates and noted Davis’s lack of steady employment, after which the court revoked post-release supervision for five years.
- Davis filed a post-conviction relief motion alleging illegal revocation because the conduct occurred while he was on ERS; the circuit court dismissed, citing that post-release supervision begins upon release from confinement.
- On appeal, the court held that the circuit court could not revoke post-release supervision for misconduct during ERS but could revoke based on conduct after placement on post-release supervision; the PCR dismissal was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to revoke for ERS-period conduct | Davis argues circuit court had no authority to revoke PS for ERS misconduct. | State contends court may revoke for misconduct violating PS conditions, regardless of ERS status. | Court lacked authority for ERS-period misconduct but had authority for post-release misconduct. |
| Ineffective assistance at revocation hearing | Davis contends counsel was ineffective for not disclosing ERS status during some violations. | State asserts no prejudice; admission of marijuana use alone supported revocation. | No ineffective-assistance shown; no prejudice from the challenged conduct. |
Key Cases Cited
- Fuller v. State, 57 So. 6 (Miss. 1912) (inherent authority to suspend sentence for good behavior)
- Leonard v. State, 271 So.2d 445 (Miss. 1973) (court retains authority to impose sentence if conditions violated)
- Pickett v. State, 751 So.2d 1031 (Miss. 1999) (suspended sentence may be revoked for breach of good-behavior condition)
- Crabb v. State, 55 So.2d 485 (Miss. 1951) (probation/suspended sentence revocation principles)
- Arant v. Hubbard, 824 So.2d 611 (Miss. 2002) (statutory divestiture of jurisdiction must be clear and unambiguous)
- Jones v. State, 97 So.3d 1254 (Miss. Ct. App. 2012) (MDOC ERS jurisdiction considerations)