Branch v. State
| Docket Number: | 2007-CP-01796-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-16-2008 Opinion Author: BARNES, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Post-conviction relief - Double jeopardy Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., GRIFFIS, ISHEE AND ROBERTS, JJ. Non Participating Judge(s): CHANDLER, J. Concurs in Result Only: IRVING AND CARLTON, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 09-05-2007 Appealed from: WARREN COUNTY CIRCUIT COURT Judge: Isadore Patrick Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 07-0123-CI-P |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JOSEPH L. BRANCH |
JOSEPH L. BRANCH (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY | ||
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 - Double jeopardy |
| Summary of the Facts: | Joseph Branch pled guilty to the sale of cocaine and was sentenced to six years, with four years to be served and two years suspended. He was also sentenced to five years of post release supervision. After serving four years, Branch was released; however, his suspended sentence was later revoked by way of an agreed order between Branch and the State, and Branch was sentenced to six years “with credit given for time served.” Branch filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Branch argues that the circuit court erred in dismissing his motion for post-conviction relief without affording him an evidentiary hearing. Branch’s motion for post-conviction relief alleged that the circuit court’s sentencing him to six years following the revocation of his suspended sentence amounted to a second punishment for the same offense as he had already served four years of his original six-year sentence. It is clear that Branch is entitled to relief. Branch’s original sentence was for a total of six years. Two years of that sentence were suspended upon the requirement that Branch comply with the conditions of post-release supervision for five years. He effectively entered the custody of the MDOC to begin serving his four-year sentence on June 14, 2000. After serving a period of incarceration, he was released by the MDOC on May 27, 2003, on earned-release supervision, having received earned time or similar credit on his sentence. Although Branch only spent 1,077 days in prison on his four-year sentence, because of his earned-release time, he was released from prison as having fulfilled the four-year term of imprisonment set out in his initial sentence. In addition, although the MDOC time sheet in the record reflects only 1,077 days served, it also notes that Branch is to receive credit for July 14, 2000, through May 27, 2003. When Branch’s sentence was subsequently revoked, the circuit court sentenced him to six years with credit for time served. Assuming that he served the entirety of the circuit court’s sentence, Branch would not be released until October 12, 2009 – a term of imprisonment in excess of three years. Thus, the sentence that the circuit court imposed when it revoked Branch’s suspended sentence violated his constitutional protections against double jeopardy. |
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