Payne v. State
| Docket Number: | 2008-CA-01243-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-17-2009 Opinion Author: LEE, P.J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Post-conviction relief - Revocation of probation Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, GRIFFIS, BARNES, ISHEE, CARLTON AND MAXWELL, JJ. Non Participating Judge(s): ROBERTS, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 07-02-2008 Appealed from: Lauderdale County Circuit Court Judge: Lester F. Williamson Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 08-CV-059W |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | RAMONZ PAYNE |
WANDA TURNER-LEE ABIOTO |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY | ||
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 - Revocation of probation |
| Summary of the Facts: | Ramonz Payne pled guilty to the sale of cocaine. Payne was sentenced to thirty years, with twenty-eight years suspended upon the completion of five years’ supervised probation. Payne later entered into an agreed order of revocation for violating the terms of his suspended sentence by possessing cocaine. He was sentenced to twenty-five years, with one year to serve, twenty-four years suspended, and five years’ post-release supervision. When Payne was indicted for the offense of sale of cocaine within 1,500 feet of a church, the trial court entered an order of revocation finding that Payne had violated the conditions of his post-release supervision. Payne was ordered to serve the remaining term of his twenty-four-year sentence, with credit for time served. After the trial court entered an order of nolle prosequi, dismissing the charge of sale of cocaine within 1,500 feet of a church, Payne filed a motion for post-conviction relief which the court denied. He appeals. |
| Summary of Opinion Analysis: | Payne argues that he was denied the protections afforded him by the revocation order, because a charge which does not result in a conviction cannot be used to support revocation. However, a conviction is not necessary to revoke probation. Probation may be revoked upon a showing that the defendant more likely than not violated the terms of probation. There were sufficient facts and circumstances produced at the hearing for the trial court to determine that Payne more likely than not committed the offense of sale of cocaine within 1,500 feet of a church. |
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