Schwend v. State


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Docket Number: 2007-CA-02039-COA
Linked Case(s): 2007-KA-02039-COA
Court of Appeals: Opinion Link
Opinion Date: 12-02-2008
Opinion Author: ROBERTS, J.
Holding: Affirmed
Additional Case Information: Topic: Post-conviction relief - Credit for time served - Section 47-7-34(2) - Section 47-7-37
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
Trial Court: Date of Trial Judgment: 10-23-2007
Appealed from: DeSoto County Circuit Court
Judge: Robert P. Chamberlin
Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED
Case Number: CV2007-0248CD
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: TERESA SCHWEND




 DAVID L. WALKER



  
  • Appellant #1 Brief
    		•
    Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER  
    Synopsis provided by:

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    Topic: Post-conviction relief - Credit for time served - Section 47-7-34(2) - Section 47-7-37
    Summary of the Facts: Following a revocation hearing in which Teresa Schwend admitted that she violated the terms and conditions of her post-release supervision, the court revoked Schwend’s PRS and gave her thirty-two days of jail credit. Schwend subsequently filed a motion for post-conviction relief, which was dismissed. Schwend appeals.
    Summary of Opinion Analysis: Schwend argues that she should be given credit for time served on PRS from her release from incarceration on September 21, 2004, to the revocation of her PRS on November 6, 2006. Pursuant to sections 47-7-34(2) and 47-7-37, time spent on PRS may not be credited toward a sentence that results from the revocation of PRS.


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