Thomas v. State


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Docket Number: 2001-KA-01498-COA

Court of Appeals: Opinion Link
Opinion Date: 05-13-2003
Opinion Author: Griffis, J.
Holding: Affirmed

Additional Case Information: Topic: Possession of cocaine - Revocation of probation - Double jeopardy - Excessive sentence
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ.
Procedural History: Bond Revocation
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 07-18-2001
Appealed from: Stone County Circuit Court
Judge: Jerry O. Terry, Sr.
Disposition: POSSESSION OF CONTROLLED SUBSTANCE: SENTENCED TO SERVE A TERM OF 3 YEARS IN THE MDOC, TO RUN CONSECUTIVELY WITH THE SENTENCE IN STONE COUNTY CAUSE NO. 1871.
District Attorney: Cono A. Caranna, II
Case Number: B6601-2000-082
  Consolidated: 2001-KA-01499-COA Eric Jermaine Thomas v. State of Mississippi; Stone Circuit Court; LC Case #: 1871; Ruling Date: 07/18/2001; Ruling Judge: Jerry O. Terry, Sr.

  Party Name: Attorney Name:  
Appellant: Eric Jermaine Thomas




JIM DAVIS



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART  

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Topic: Possession of cocaine - Revocation of probation - Double jeopardy - Excessive sentence

Summary of the Facts: Eric Thomas pled guilty to aggravated assault and was sentenced to twenty years. The court suspended his sentence and placed him in the Regimented Inmate Discipline Program. Due to the nature of his offense, Thomas was removed from RID and placed in the general prison population. Thomas filed a motion to reconsider sentence and the court re-sentenced him to a twenty year suspended sentence and placed him on probation for five years. His probation was revoked when he was arrested for possession of cocaine. Thomas was tried and convicted of possession of cocaine. He was sentenced to three years for the cocaine conviction, his probation was revoked, and he was sentenced to serve the original term of twenty years, with the sentences to run consecutively. He appeals.

Summary of Opinion Analysis: Issue 1: Double jeopardy Thomas argues that he was twice placed in jeopardy because the court used the same facts to revoke his bond, which were presented previously at his revocation hearing, and therefore, the possession of cocaine charges should have been dismissed. Thomas also argues that, since the court previously ruled not to revoke his probation upon his initial charge of cocaine possession, the court could not subsequently reinstate his suspended sentence after his conviction on the possession of cocaine charge, because this amounted to successive punishment for the same offense. A petition to revoke probation or to revoke suspension of a sentence is not a criminal case and not a trial on the merits of the case. Therefore, double jeopardy protection does not apply to such hearings. The revocation of an appellate bond is equivalent to the non-criminal nature of parole and probation revocation hearings. Here, consideration of the petition to revoke probation, after the jury verdict, was not sufficient to invoke the protection of the Double Jeopardy Clause. Issue 2: Excessive sentence Thomas argues that his probation was revoked without notice or hearing and that his sentence exceeded the statutory maximum. An order revoking a suspension of sentence or revoking probation is not appealable. The proper course for Thomas to pursue is under the Uniform Post-Conviction Collateral Relief Act.


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