Pruitt v. State
| Docket Number: | 2006-CP-00041-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-03-2007 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Revocation of suspended sentence - Written list of evidence - Double jeopardy - Right to counsel Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 12-07-2005 Appealed from: MONROE COUNTY CIRCUIT COURT Judge: Thomas J. Gardner Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: CV5324GM |
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| Party Name: | Attorney Name: | |||
| Appellant: | HENRY LEE PRUITT |
HENRY LEE PRUITT (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JACOB RAY |
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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 suspended sentence - Written list of evidence - Double jeopardy - Right to counsel |
| Summary of the Facts: | Henry Pruitt pled guilty to conspiracy to sell cocaine and was sentenced to eight years. Pruitt received credit for approximately one year and two months time served, the balance of his eight-year sentence was suspended, and he was placed on post-release supervision for five years. Following his arrest and conviction for a violation of federal law, the court ordered the revocation of four years of Pruitt’s original eight-year suspended sentence. The reinstated four years of Pruitt’s original sentence were ordered to run concurrently with the federal sentence he was serving, provided that Pruitt refrain from violating any laws upon his release from custody. Pruitt filed a motion for post-conviction relief which the court denied. He appeals. |
| Summary of Opinion Analysis: | Pruitt argues that he was deprived of a written list of evidence the circuit court relied upon in revoking his suspended sentence for his failure to comply with the conditions of his post-release supervision. The record shows that the court properly listed the evidence relied upon in revoking Pruitt’s suspended sentence. Particularly, the circuit court pointed to Pruitt’s criminal conviction and sentence in the federal system, occurring during the time he was under post-release supervision, to support the revocation. Furthermore, the court stated three different reasons in its order revoking Pruitt’s suspended sentence. Pruitt also argues that the decision of the trial court to revoke his suspended sentence was illegal as it subjects him to double jeopardy. After Pruitt was arrested, the trial judge had the authority to reinstate Pruitt’s entire six year and ten month sentence that was previously suspended. However, the judge chose only to revoke four years of Pruitt’s originally suspended sentence. Therefore, no violations of double jeopardy have occurred. Pruitt also argues that the court erred in dismissing his argument that he was unconstitutionally denied his right to counsel at his revocation hearing. It is well established in Mississippi that there is no per se right to counsel at revocation hearings. Because the issues in this case are not complex, an appointment of counsel to Pruitt for his revocation hearing was not warranted or required by law. |
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