Burks v. State
| Docket Number: | 2008-CP-01252-COA Linked Case(s): 2008-CP-01252-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-19-2010 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Revocation of probation - Record on appeal Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 07-09-2008 Appealed from: Harrison County Circuit Court Judge: Lawrence P. Bourgeois, Jr. Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: A2401-06-186 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | BOBBY BURKS, JR. |
PRO SE |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT | ||
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 - Record on appeal |
| Summary of the Facts: | Bobby Burks, Jr., pled guilty to one count of possession of a controlled substance with intent to transfer or distribute. The court sentenced Burks to twenty years, but suspended the sentence and gave Burks credit for time served. Burks was also placed on five years’ post-release supervision. Four years later, the trial court revoked his probation and ordered Burks to serve the remainder of his twenty-year sentence, with credit for time served. Burks filed two successive motions to reconsider, which the trial court denied. Burks filed a motion for post-conviction relief which the court denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Revocation of probation Burks argues that the trial court improperly sentenced him and improperly revoked his probation. Burks was sentenced to twenty years, which was well within the statutory guidelines for possession with intent to distribute, and his term of incarceration plus his post-release supervision does not exceed the maximum sentence of thirty years as prescribed by statute. The trial court clearly had jurisdiction to suspend Burks’s sentence, as well as to revoke his suspended sentence and impose the original term of incarceration. Burks also argues that the petition to revoke his probation was invalid because it was based upon insufficient and incorrect claims. According to the transcript of the revocation hearing, Burks was in attendance at the hearing and admitted that he had violated the terms of his suspended sentence, namely that: he failed to report to his probation officer; he failed to submit to drug testing; and he was also wanted by Lincoln County for failure to report to his probation officer there. Burks also argues that because he was previously convicted of a felony, the trial court erred in sentencing him to probation. However, Burks was not sentenced to probation; rather, his sentence was suspended, and he was placed under post-release supervision pursuant to section 47-7-34. Issue 2: Record on appeal Burks argues that the record provided by the Harrison County Circuit Clerk was incomplete. The record as submitted by the clerk was the record which Burks requested. |
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