Rodriguez v. State
| Docket Number: | 2002-CP-00571-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-04-2003 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Revocation of parole - Due process - Sufficiency of evidence - Excessive sentence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 03-12-2002 Appealed from: Attala County Circuit Court Judge: Joseph H. Loper, Jr. Disposition: POST-CONVICTION RELIEF DENIED District Attorney: Doug Evans Case Number: 01-0060-CV-L |
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| Party Name: | Attorney Name: | |||
| Appellant: | Curtis Rodriguez, a/k/a Curtis Rodriguiz, a/k/a Curtis Herold, a/k/a Curtis Harrell |
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 - Revocation of parole - Due process - Sufficiency of evidence - Excessive sentence |
| Summary of the Facts: | Curtis Rodriguez was convicted of aggravated assault and was sentenced to twelve years with eleven years suspended. On completion of the one-year imprisonment, Rodriguez was to serve five years of supervised probation. Rodriguez served the one year sentence, but received modified probation because of problems. After several violations, the court revoked his probation and ordered him to serve eleven years. Rodriguez filed a petition for post-conviction relief which the court denied. Rodriguez appeals. |
| Summary of Opinion Analysis: | Issue 1: Due process Rodriguez argues that he was denied due process because he did not have an opportunity to be heard or to defend himself against alleged rules’ violations. The evidence does not support his claim. He received a form listing the date, time, and place of the hearing and informing him of the charges, that he would be allowed to speak and present evidence and that he had a right to retain an attorney. He signed this form in the presence of a witness. Issue 2: Sufficiency of evidence Rodriguez argues that there was insufficient evidence to revoke his probation. One condition of his probation was that he would complete service at the Hinds County Restitution Center. This he failed to do because of rules’ violations. Therefore, his probation was properly revoked. Issue 3: Excessive sentence Rodriguez argues that his sentence is excessive, because he is now serving a longer sentence than his original twelve year sentence. A sentence does not constitute cruel and inhuman treatment if it does not exceed statutory limits. Rodriguez could have faced a maximum sentence of twenty years. Rodriguez’s sentence of twelve years, with eleven suspended and five years of probation was not disproportionate to the crime of aggravated assault. |
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