Jones v. State
2012 Miss. App. LEXIS 574
Miss. Ct. App.2012Background
- Jones challenged a PCR petition after the Pearl River County Circuit Court summarily dismissed his motion.
- The circuit court partially revoked Jones’s post-release supervision, sentencing him to two years in the Intensive Supervision Program (ISP) and conditioning the remainder of his sentence on post-release supervision, with potential MDOC custody if ISP terms were violated.
- After Jones violated ISP terms, the MDOC reclassified him to general custody, making Jones serve the remaining portion of his sentence in MDOC custody.
- The court’s order purported to revoke post-release supervision for conduct occurring while Jones was in ISP; the court also held that the remaining term would be served under MDOC custody if violations occurred.
- The Mississippi Supreme Court ultimately held the circuit court could not revoke post-release supervision while Jones was in MDOC custody or while he was not on post-release supervision, and that the conditional aspect of the sentence was a nullity.
- The Court reversed and rendered for Jones, directing that upon discharge from custody Jones begin the remaining post-release supervision, with due-process protections if violations occur.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court could revoke post-release supervision while Jones was in ISP/MDOC custody. | Jones | Jones’s sentence allowed revocation based on ISP conduct. | No; the circuit court cannot revoke PRS while Jones is in MDOC custody or while not on PRS. |
| Whether the conditional language tying PRS to MDOC custody renders the sentence lawful. | Jones | Conditional provision is valid. | Conditional aspect is a nullity; sentence must be interpreted as two years in MDOC custody followed by PRS. |
| Whether the circuit court had authority to revoke PRS for conduct before PRS began. | Jones | Revocation for pre-PRS conduct permissible. | Unlawful; cannot revoke for pre-PRS conduct. |
Key Cases Cited
- Smith v. State, 742 So.2d 1146 (Miss. 1999) (probation/suspension cannot be revoked for conduct before placement on probation)
- Ivory v. State, 999 So.2d 420 (Miss. Ct. App. 2008) (affirmative standard for PCR; legality of sentence reviewed de novo)
- Ford v. State, 708 So.2d 73 (Miss. 1998) (pro se complaints must be construed to avoid loss of meritorious issues)
- Burns v. State, 933 So.2d 329 (Miss. Ct. App. 2006) (merits of sentencing challenges under PCR proper)
- Lewis v. State, 761 So.2d 922 (Miss. Ct. App. 2000) (ISP as MDOC custody; lack of circuit court authority over inmate)
- Babbitt v. State, 755 So.2d 406 (Miss. 2000) (circuit court lacks authority to reinstate sentence for ISP violations)