Demario Walker v. State of Mississippi, 230 So. 3d 703

Walker pleaded guilty to false pretense and received a five-year sentence with imposition suspended for five years of probation and restitution/fees ordered.
About a year later, after release from parole on an unrelated conviction, Walker was placed on probation for the false-pretense conviction.
Walker failed to report to his probation officer for four months, failed to pay required fees, and failed to pay restitution; his probation officer filed an affidavit and a warrant issued.
Walker signed a waiver of preliminary revocation hearing and, at the revocation hearing, did not contest the allegations, call witnesses, or cross-examine the officer; the court revoked probation and ordered service of the full five-year suspended sentence.
Walker filed a post-conviction relief (PCR) motion which was dismissed by the circuit court; the Court of Appeals affirmed in part and reversed in part (limiting sentence), and the Supreme Court granted certiorari.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence supported revocation	Walker: No evidence established material violations.	State: Officer's affidavit and Walker's admissions suffice.	Evidence and waiver supported revocation; issue without merit.
Whether Walker was on probation when violations occurred	Walker: he was not on probation in Jefferson Davis County then.	State: Walker admitted probation began July 2014; he was on probation.	Walker admitted he was on probation; issue without merit.
Whether revocation procedure violated due process	Walker: implied challenge to hearing fairness.	State: Walker waived preliminary hearing and did not contest allegations.	Walker was afforded due process at revocation hearing.
Proper sentencing under Miss. Code §47-7-37(5)(a) after technical violations	Walker: Court of Appeals said first technical violation limits imprisonment to 90 days.	State: Multiple separate technical violations permit imposition of remainder of suspended sentence.	Each separate act/omission is a separate technical violation; three violations allowed imposition of full remainder (five years).

Brown v. State, 731 So. 2d 595 (Miss. 1999) (standard of review for PCR: factual findings not reversed unless clearly erroneous; legal questions reviewed de novo)