Lenoir v. State
| Docket Number: | 2007-CP-01142-COA Linked Case(s): 2007-CP-01142-COA ; 2007-CT-01142-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-16-2008 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence - Section 97-21-33 - Revocation of suspended sentences Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, and Carlton, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 06-14-2007 Appealed from: MONROE COUNTY CIRCUIT COURT Judge: Sharion R. Aycock Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: CV04-452-AM |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | RAY CHARLES LENOIR |
RAY CHARLES LENOIR (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE | ||
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 - Section 97-21-33 - Revocation of suspended sentences |
| Summary of the Facts: | Ray Lenoir pled guilty to forgery and possession of a controlled substance. He was sentenced to two fifteen-year terms of incarceration, both of which were suspended, and one five-year term of post-release supervision. Lenoir was later arrested for possession of cocaine. As a result, his suspended sentences were revoked, and he was ordered to serve twenty-five of the originally sentenced thirty years, with five years suspended. Lenoir filed a petition for post-conviction relief which was denied. He appealed, and the Court of Appeals reversed and remanded for an evidentiary hearing. On remand, Lenoir’s motion was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Illegal sentence Lenoir’s conviction for uttering a forgery involved a check in the amount of $250. At that time, section 97-21-33 provided that the sentencing range for forgery involving values over one hundred dollars was imprisonment from two to fifteen years. When Lenoir violated the terms of his PRS, his previously suspended fifteen-year sentence was revoked. Lenoir argues that the court’s “sentence” was illegal in light of an amendment to section 97-21-33 in which the Legislature reduced the maximum sentence allowed for forgeries involving less than $500 to six months’ imprisonment. Lenoir confuses the date of the revocation of his sentence with the actual date of his sentence – the latter being the vital date. Section 47-7-37 provides that upon violation of the conditions of a defendant’s PRS, a trial court may continue or revoke all or any part of the probation or the suspension of sentence, and may cause the sentence imposed to be executed or may impose any part of the sentence which might have been imposed at the time of conviction. Issue 2: Revocation of suspended sentences Lenoir argues that the trial court erred in revoking his suspended sentences, because he was on federal supervised release which was part of his federal sentence and his state PRS had not begun yet. When Lenoir was released from federal incarceration, he was required to complete the consecutive incarceration portion of his state sentences pursuant to section 99-19-21(1). However, because the trial court gave Lenoir credit for time served and suspended the balance of his fifteen-year sentences, upon his release from federal incarceration Lenoir simultaneously satisfied the initial incarceration portion of his state sentences, i.e., time served. Thus, Lenoir completed his state term of incarceration upon release from his federal incarceration. Therefore, per the trial court’s sentencing order, Lenoir was placed on state PRS at the moment he was released from federal custody. Thus, the trial court did not err in denying Lenoir’s motion for PCR. |
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