Evans v. State
| Docket Number: | 2002-CP-01119-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-20-2003 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Revocation of probation - Jurisdiction - Section 47-7-37 - Ineffective assistance of counsel Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 05-29-2002 Appealed from: Lowndes County Circuit Court Judge: Lee J. Howard Disposition: TRIAL COURT DENIED MOTION FOR POSTCONVICTION COLLATERAL RELIEF District Attorney: Forrest Allgood Case Number: 1999-0147-CV1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Kenneth Evans |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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 - Revocation of probation - Jurisdiction - Section 47-7-37 - Ineffective assistance of counsel |
| Summary of the Facts: | Kenneth Evans pled guilty to two counts of sale of cocaine. He was sentenced to seven years on count one and seven years consecutive to the first sentence on count two. Evans was on probation for a prior felony and at the sentencing hearing, his probation was revoked. Evans filed a motion to vacate imposition of sentence via post-conviction relief which the court denied. Evans appeals. |
| Summary of Opinion Analysis: | Issue 1: Revocation of probation Evans argues that his suspended sentence was unlawfully revoked, because the judge lacked jurisdiction since he was not the original sentencing judge and the revocation was without due process because the court failed to determine whether Evans' plea of guilty was voluntarily entered and he did not receive notice. Section 47-7-37 does not require that the original sentencing judge be the person who revokes probation. With regard to his remaining claim, the record does not contain the transcript of the plea hearing and therefore, the issue is without merit. Issue 2: Ineffective assistance of counsel Evans argues that he did not receive effective assistance of counsel, because his attorney advised him to go before a fabricated revocation committee and allowed his suspended sentence to be unlawfully revoked. Because the record does not contain affidavits or other proposed testimony in support of Evans' claim, this issue is without merit. |
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