Hunt v. State
| Docket Number: | 2003-CP-00177-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-25-2004 Opinion Author: King, C.J. |
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| Additional Case Information: |
Topic: Post-conviction relief - Post-release supervision - Section 47-7-34(1) - Evidentiary hearing Judge(s) Concurring: Bridges, P.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Judge(s) Concurring Separately: Southwick, P.J. Votes: Irving and Griffis, JJ., join this opinion. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 01-16-2003 Appealed from: Montgomery County Circuit Court Judge: Clarence E. Morgan, III Disposition: POST-CONVICTION RELIEF DENIED District Attorney: Doug Evans Case Number: 2003-0003-CV-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | Shannon K. Hunt |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Post-conviction relief - Post-release supervision - Section 47-7-34(1) - Evidentiary hearing |
| Summary of the Facts: | Shannon Hunt pled guilty to a charge of possession of precursors. He was sentenced to ten years with the last five years to be served on post-release supervision. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue: Post-release supervision Hunt argues that as a convicted felon he was not eligible to receive post-release supervision pursuant to section 47-7-33(1). However, Hunt did not receive a suspended sentence under section 47-7-33. Under section 47-7-34(1), convicted felons are eligible to receive post-release supervision. Post-release supervision is an alternative to probation designed specifically for felons. Issue 2: Evidentiary hearing Hunt argues that he should have been granted an evidentiary hearing. An evidentiary hearing is not required where the allegations in the post-conviction relief motion are specific and conclusive. Here, the court's dismissal is consistent with the evidence and testimony presented in the record. |
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