Deere v. State


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Docket Number: 2007-CP-00584-COA
Court of Appeals: Opinion Link
Opinion Date: 03-11-2008
Opinion Author: MYERS, P.J.
Holding: Affirmed
Additional Case Information: Topic: Post-conviction relief - Revocation of probation - Section 47-7-37
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
Trial Court: Date of Trial Judgment: 03-14-2007
Appealed from: SUNFLOWER COUNTY CIRCUIT COURT
Judge: W. Ashley Hines
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED
Case Number: 2007-0007-M
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: BOBBY L. DEERE




 BOBBY L. DEERE (PRO SE)



  
  • Appellant #1 Brief
    		•
    Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  
    Synopsis provided by:

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    Topic: Post-conviction relief - Revocation of probation - Section 47-7-37
    Summary of the Facts: Bobby Deere pled guilty to armed robbery and was sentenced to twenty years. Fifteen years of the sentence were suspended provided that Deere successfully serve the first five years on probation. While Deere was in his probation period, Deere committed another armed robbery, thereby violating the terms of his probation. Deere was remanded to the custody of the MDOC to serve the entire fifteen years. Approximately seven years later, Deere filed a motion to clarify his sentence. The circuit court treated his motion as one for post-conviction relief and denied it. Deere appeals.
    Summary of Opinion Analysis: After Deere violated probation by committing another armed robbery for which he was arrested, the circuit court revoked all of Deere’s fifteen-year suspended sentence. This revocation and reinstatement of the initially suspended sentence was well within the judge’s discretion and within the confines of the statutory authority found in section 47-7-37. Therefore, the denial of Deere’s motion for post-conviction relief was not in error.


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