294 So.3d 1268
Miss. Ct. App.2020Background
- In October 2012 Roney pleaded guilty to multiple offenses and received 15 years: 5 years to serve and 10 years suspended, conditioned on 5 years post-release supervision and community service.
- In May 2018, while on post-release supervision, Roney was arrested on new charges including possession of a firearm by a felon.
- At a May 23, 2018 revocation hearing the court found by a preponderance of the evidence that Roney committed new criminal offenses and revoked post-release supervision.
- The trial court ordered Roney to serve 3 years of the previously suspended 10-year sentence in MDOC custody, leaving 7 years suspended.
- In March 2019 Roney filed a pro se PCR motion arguing the 2018 amendment to Miss. Code Ann. § 47-7-37(5)(a) limited his sanction to 90 days in a technical-violation or restitution center for a first revocation. The trial court denied relief, holding § 47-7-37.1 governed because Roney committed a new felony.
- Roney appealed, raising (1) improper application of § 47-7-37(5), (2) insufficient evidence of a felony, and (3) due-process violations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 47-7-37(5)(a) limited remedy to 90 days for a first revocation | Roney: 2018 amendment to § 47-7-37(5)(a) caps first revocation at 90 days in a technical/restitution center | State: Amendment not applicable retroactively; § 47-7-37.1 controls when a new felony is committed | Court: The 2018 amendment does not apply retroactively; § 47-7-37.1 governs felonies, so court could impose part or all of suspended sentence |
| Sufficiency of evidence that Roney committed felony (felon-in-possession) | Roney: State failed to prove constructive possession of the firearm by a preponderance | State: Circumstantial evidence, location of gun among Roney’s belongings, his knowledge, and credibility findings support constructive possession | Court: Evidence sufficient by preponderance; constructive possession established and revocation proper |
| Due process / admissibility of officer testimony | Roney: Investigator Knight’s testimony was inadmissible hearsay and other due-process errors | State: Officer gave live eyewitness testimony of the search; no hearsay problem; Roney waived due-process arguments by not raising them below | Court: Arguments waived; merits rejected—officer testimony admissible and procedural protections met |
Key Cases Cited
- Williams v. State, 971 So. 2d 581 (Miss. 2007) (constructive-possession factors where firearm found in nightstand among masculine items)
- Roberson v. State, 595 So. 2d 1310 (Miss. 1992) (definition of constructive possession: dominion and control)
- Keys v. State, 478 So. 2d 266 (Miss. 1985) (constructive possession may be proven circumstantially)
- Evans v. State, 802 So. 2d 137 (Miss. Ct. App. 2001) (knowledge of firearms on premises supports constructive possession finding)
- Younger v. State, 749 So. 2d 219 (Miss. Ct. App. 1999) (probation may be revoked on a lower preponderance standard without a criminal conviction)
- Bass v. State, 174 So. 3d 883 (Miss. Ct. App. 2015) (issues not raised in PCR are forfeited on appeal)
- Elkins v. State, 188 So. 3d 613 (Miss. Ct. App. 2016) (standard of review for denial of PCR)
- Little v. State, 233 So. 3d 288 (Miss. 2017) (appellate courts do not reweigh credibility)