Fluker v. State
| Docket Number: | 2007-CP-01068-COA Linked Case(s): 2007-CP-01068-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-18-2008 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence - Post-release supervision Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, 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: 06-05-2007 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: CI07-0005 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | PATRICK FLUKER |
PATRICK FLUKER (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LISA LYNN BLOUNT |
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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 - Illegal sentence - Post-release supervision |
| Summary of the Facts: | Patrick Fluker pled guilty to robbery and was sentenced to fifteen years, with three years to serve, twelve years suspended, and four years of post-release supervision. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Fluker argues that his total sentence of fifteen years, consisting of three to serve, twelve suspended, and four on post-release supervision, actually exceeds the statutory maximum of fifteen years, because it equates to a nineteen-year sentence. He is misguided in his belief that the time he spent on post-release supervision should be construed as additional time on his total sentence. Time spent on probation is not included in the calculation of the maximum allowable sentence. In essence, Fluker’s four years of post-release supervision were inherent in the twelve years that his sentence was suspended and not separate from it. Accordingly, his sentence is within the fifteen years allowable under section 97-3-75. Fluker also argues that the circuit court should have credited the time Fluker spent “on the street” during his short period of post-release supervision to his time served, thereby reducing the term of his sentence that could be reinstated. Fluker does not dispute that he violated his post-release supervision. Therefore, pursuant to section 47-7-37, the circuit court had the right to reimpose the previously suspended twelve-year sentence. Further, in reinstating Fluker’s sentence, the circuit court was under no duty to count his period of supervised release as time served. |
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