Steele v. State
| Docket Number: | 2002-CP-00667-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-13-2003 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Sufficiency of evidence - Revocation of post-release supervision - Section 47-7-34 (2) Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 03-08-2002 Appealed from: Attala County Circuit Court Judge: Joseph H. Loper Disposition: DENIAL OF MOTION FOR SENTENCE CLARIFICATION POST-CONVICTION District Attorney: Doug Evans Case Number: 02-0052-CV-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jamie Steele a/k/a Jamie L. Steele |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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 - Sufficiency of evidence - Revocation of post-release supervision - Section 47-7-34 (2) |
| Summary of the Facts: | Jamie Steele pled guilty to felony shoplifting and was sentenced to three years and six months, with one year to serve and two years, six months on post-release supervision. The judge later found that, by committing this crime, Steele violated the terms of his post-release supervision in an earlier shoplifting charge and revoked Steele's post-release supervision, ordering Steele to serve the two years, five months from the earlier charge. Steele filed a motion for sentence clarification post-conviction which was denied. He then filed a motion to reconsider the denial of his post-conviction relief, which was again denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Steele argues that, although he pled guilty, the evidence was insufficient to convict him. Since Steele pled guilty, he waived his opportunity for a jury to review the sufficiency of evidence. Issue 2: Unlawful revocation Steele argues that his post-release supervision was unlawfully revoked, because the revocation of his post-release supervision violated the plea agreement which stated that he would be released after one year. According to section 47-7-34 (2), failure to successfully abide by the terms and conditions shall be grounds to terminate the period of post-release supervision and to recommit the defendant to the correctional facility from which he was previously released. The plea agreement in the most recent shoplifting charge had nothing to do with the earlier shoplifting charge. |
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