Reese v. State
| Docket Number: | 2007-KP-00360-COA Linked Case(s): 2007-KP-00360-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-19-2008 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence - Revocation of suspended sentence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, and Carlton, JJ. Procedural History: Dismissal; PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 02-06-2007 Appealed from: MONROE COUNTY CIRCUIT COURT Judge: Sharion R. Aycock Disposition: THE MOTION FOR POST-CONVICTION RELIEF WAS DISMISSED. Case Number: 06-051-AM |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | LOUIS R. REESE |
LOUIS R. REESE (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS | ||
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 - Illegal sentence - Revocation of suspended sentence |
| Summary of the Facts: | Louis Reese pled guilty to two counts of sale of a controlled substance and one count of conspiracy to distribute a controlled substance. For the first count, the circuit court sentenced Reese to thirty years, with eight years to serve, twenty-two years suspended, and five years on post-release supervision, and to pay fines, court costs, and restitution. For the second count, the circuit court imposed a fine and a ten-year suspended sentence to run consecutively to the thirty-year sentence. For conspiracy to distribute a controlled substance, the circuit court imposed a suspended sentence of twenty years to run concurrently with the thirty-year sentence, and the court ordered Reese to pay court costs. The circuit court retained a right to review Reese's sentences for a period of one year. Prior to expiration of the year, the court increased the suspended portion of Reese's thirty-year sentence from twenty-two years to twenty-six years, leaving him with only four years to serve. Otherwise, Reese's sentences remained the same. Shortly after Reese's release from incarceration on post-release supervision, the State filed a petition requesting that the court revoke Reese's twenty-six-year suspended sentence, because the Monroe County Sheriff's Department had arrested Reese on a charge of selling stolen property and that Reese was in arrears in his monthly payments of the court-ordered fines, court costs, and restitution. Reese admitted to the allegations. The circuit court revoked Reese's post release supervision and suspended sentence and imposed the twenty-six-year sentence. Reese filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Reese argues that under section 47-7-33, the circuit court lacked the authority to suspend any portion of his sentence, because when he pleaded guilty he was already a convicted felon. Contrary to Reese's argument, he was not given an illegal suspended sentence. Moreover, even if Reese's suspended sentence had been illegal, a defendant suffers no prejudice from a sentencing error that benefits the defendant in the form of a more lenient sentence. Reese also argues that there was no proof before the circuit court showing that he had violated the terms and conditions of his post-release supervision. However. Reese gave sworn testimony admitting to the alleged violations contained in the State's petition for revocation. |
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