Bell v. State
| Docket Number: | 2009-CP-00230-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-28-2010 Opinion Author: Ishee, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Revocation of probation - Right to appeal - Section 99-35-101 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes and Carlton, JJ. Concurs in Result Only: Roberts and Maxwell, JJ., concur in result only without separate written opinion. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF; Dismissal |
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| Trial Court: |
Date of Trial Judgment: 01-12-2009 Appealed from: PIKE COUNTY CIRCUIT COURT Judge: David H. Strong Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 05-178-PKS |
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| Party Name: | Attorney Name: | |||
| Appellant: | Dennis Bell |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY |
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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 - Revocation of probation - Right to appeal - Section 99-35-101 |
| Summary of the Facts: | Dennis Bell pled guilty to aggravated assault. He was sentenced to twenty years, with credit for six months already served and the remaining nineteen and one-half years of the sentence suspended. Bell was placed on post-release supervision, with a condition that he remain at least ninety miles outside of Pike County except to testify for the State if needed. Thereafter, Bell violated his probation when he failed to report to his probation officer. Bell also failed to remain at least ninety miles outside of Pike County. Consequently, Bell’s probation was revoked. Bell filed several pleadings that were treated collectively as a motion for post-conviction relief and summarily dismissed. Bell appeals. |
| Summary of Opinion Analysis: | Bell argues that his PRS was unlawfully revoked. However, Bell admits that he did not report to his probation officer, and he did not remain ninety miles outside of Pike County as he was required to do by the terms of his PRS. The record shows that Bell pled guilty to aggravated assault; therefore, he gave up his right to appeal. Pursuant to section 99-35-101, any person convicted of an offense in a circuit court may appeal to the Supreme Court. However, where the defendant enters a plea of guilty and is sentenced, then no appeal from the circuit court to the Supreme Court shall be allowed. Thus, the circuit court’s dismissal of Bell’s motion for post conviction relief was proper. |
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