Sharone Simmons v. State of Mississippi, 220 So. 3d 1010

In January 2010 Sharone Simmons pled guilty to uttering a forgery and was sentenced to ten years, with eight years suspended and three years of postrelease supervision (PRS).
In October 2011 Simmons was charged with sale of cocaine; the trial court revoked his PRS and imposed the previously suspended eight-year term after finding he committed a new felony while on PRS.
In June 2012 Simmons was indicted for sale of a controlled substance; in July 2014 he pled guilty pursuant to a plea agreement and received one year consecutive to the eight-year sentence.
On April 19, 2016 Simmons filed a postconviction relief (PCR) motion attacking his 2010 forgery conviction; the trial court denied the motion as time-barred under the three-year statutory limitation for guilty pleas and alternatively on the merits.
Simmons appealed claiming unlawful PRS revocation, newly discovered evidence, double jeopardy, a defective indictment, and denial of speedy trial; the Court of Appeals limited review to the PRS revocation and newly discovered evidence claims related to the 2010 conviction.
The Court of Appeals affirmed, holding Simmons failed to show an exception to the three-year time bar and failed to carry his burden on the merits of the two preserved claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Lawful revocation of PRS	Simmons contends the revocation of his PRS was unlawful.	Trial court found commission of a new felony (sale of cocaine) violated PRS; revocation supported by initial appearance charging sale.	Court: revocation not clearly erroneous; Simmons produced no record evidence to contradict revocation.
Newly discovered evidence	Simmons argues the arresting officer was fired for fabricating charges and that this exculpatory evidence entitles him to relief.	State: Simmons offered only bare assertions without record proof or authority; movant must support claim and bear the burden.	Court: Simmons failed to show the Van Norman factors (materiality, diligence, probability of different result); claim lacks merit.

Thinnes v. State, 196 So. 3d 204 (Miss. Ct. App. 2016) (standard of review for PCR denials)
Cummings v. State, 203 So. 3d 1174 (Miss. Ct. App. 2016) (three-year PCR limitation for guilty pleas and statutory exceptions)
McCalpin v. State, 166 So. 3d 24 (Miss. 2013) (probation/PRS may be revoked without a new conviction when violation is more likely than not)
Van Norman v. State, 114 So. 3d 799 (Miss. Ct. App. 2013) (elements required to establish newly discovered evidence)
Crawford v. State, 867 So. 2d 196 (Miss. 2003) (newly discovered evidence framework)
Hoops v. State, 681 So. 2d 521 (Miss. 1996) (appellate courts not required to consider assignments of error unsupported by authority or record)