Caviness v. State


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Docket Number: 2007-CP-01553-COA
Linked Case(s): 2007-CP-01553-COA ; 2007-CT-01553-SCT

Court of Appeals: Opinion Link
Opinion Date: 09-16-2008
Opinion Author: King, C.J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Violation of section 99-19-21(1) - Section 47-7-33
Judge(s) Concurring: Lee and Myers, P.JJ., Irving , Chandler, Griffis, Barnes, Ishee, and Carlton, JJ.
Judge(s) Concurring Separately: Roberts, J.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 05-30-2007
Appealed from: Harrison County Circuit Court
Judge: Stephen Simpson
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED
Case Number: A2401-07-198

  Party Name: Attorney Name:  
Appellant: CARL JAMES CAVINESS




CARL JAMES CAVINESS (PRO SE)



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  

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Topic: Post-conviction relief - Violation of section 99-19-21(1) - Section 47-7-33

Summary of the Facts: Carl Caviness pled guilty to the two counts of robbery, a count of robbery reduced from armed robbery, and a count of armed robbery. He was sentenced to ten years on each of the three robbery counts and to an additional ten years on the armed robbery count. The circuit court then suspended thirteen of the total twenty years Caviness was ordered to serve. After Caviness had served seven years of imprisonment, he was ordered to serve three years of post-release supervision. Caviness served the appropriate portion of his sentence and was released on the three years of post-release supervision. Shortly after his release, Caviness confessed that he had violated the terms of his post-release supervision. The court entered an order revoking the suspended portion of Caviness’s sentence. Caviness filed a motion which requested the circuit court to correct an illegal sentence. The trial court treated Caviness’s motion as a motion for post-conviction relief, which the court denied. Caviness appeals.

Summary of Opinion Analysis: Caviness argues that the circuit court violated section 99-19-21(1) when it combined the robbery sentences with the consecutive armed robbery sentence to create one twenty-year sentence. However, the circuit court did not order Caviness to serve a sentence in violation of section 99-19-21(1). The order sentenced Caviness to three ten-year sentences to run concurrent with each other on the three simple robbery convictions. The circuit court then sentenced Caviness to ten years of imprisonment on the armed robbery conviction; however, the armed robbery conviction was ordered to run consecutive to the three simple robbery convictions. The circuit court then suspended three years of the simple robbery sentences and all ten years of the armed robbery sentence. Section 47-7-33 provides the circuit court with the authority to suspend Caviness’s sentences in such a manner. In addition, section 99-19-21(1) allows the circuit court to require that the sentences be served concurrently or consecutively.


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