Edwards v. State
| Docket Number: | 2005-CP-01693-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-09-2007 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Revocation of post-release supervision Judge(s) Concurring: MYERS, P.J., CHANDLER AND ISHEE, JJ. Non Participating Judge(s): KING, C.J., AND CARLTON, J. Dissenting Author : ROBERTS, J. dissents with separate written opinion. Dissent Joined By : GRIFFIS AND BARNES, JJ. Concurs in Result Only: IRVING, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 08-19-2005 Appealed from: LOWNDES COUNTY CIRCUIT COURT Judge: James T. Kitchens, Jr. Disposition: TRIAL COURT DENIED MOTION FOR POSTCONVICTION RELIEF. Case Number: 2005-0007-CV1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | TERRY L. EDWARDS A/K/A TERRY LONN EDWARDS, JR. A/K/A TERRY LONNIE EDWARDS |
TERRY L. EDWARDS (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 post-release supervision |
| Summary of the Facts: | Terry Edwards pled guilty to felony DUI, third offense. He was sentenced to five years, with two years to serve and three years on post-release supervision. Edward states that he was released on May 17, 2004, and placed under earned release supervision. On June 16, 2004, Edwards was arrested for aggravated assault and, on August 10, 2004, was indicted for the same crime. The record contains a discharge certificate stating that, on August 24, 2004, Edwards completed his two-year sentence and would then begin the suspended portion of his sentence. On November 19, 2004, Edwards pled guilty to aggravated assault and was sentenced to seven years with five years of post-release supervision. That same day, after a revocation hearing, Edwards’ three years of post-release supervision from the DUI conviction was revoked. Edwards filed a motion for post-conviction relief, claiming that his post-release supervision was unlawfully revoked because he had been on earned release supervision. The court denied the motion, and Edwards appeals. |
| Summary of Opinion Analysis: | Edwards argues that the court could not revoke his post-release supervision because he was on earned release supervision at the time he committed the aggravated assault. It was immaterial as to whether Grace was under earned release supervision or post-release supervision at the time he violated the terms of his probation. Probationers remain under the jurisdiction of the courts until the entire term for which they were sentenced has expired, including any and all portions ordered suspended. |
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