Jones v. State
| Docket Number: | 2009-CP-01943-COA Linked Case(s): 2009-CP-01943-COA ; 2009-CT-01943-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-02-2010 Opinion Author: Ishee, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Concurs in Result Only: Roberts, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 11-16-2009 Appealed from: WASHINGTON COUNTY CIRCUIT COURT Judge: W. Ashley Hines Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: CI2009-0145 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Holley Jones |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS | ||
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 - Illegal sentence |
| Summary of the Facts: | Holley Jones pled guilty to armed robbery. Jones was sentenced to ten years. His sentence was suspended, and he was placed on five years of probation under the provisions of the Regimented Inmate Discipline program. An amended sentencing order was later entered simultaneously with another order removing Jones from the RID program. The amended order further placed Jones on supervised probation for five years or until the trial court altered, terminated, or directed the execution of the sentence. Five years later, Jones was charged with the felony of selling cocaine. He was revoked from probation for failure to report, failure to pay court assessments, and committing the felony of selling cocaine. Thereafter, he filed a pro se motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Jones argues that the trial court erred in dismissing his PCR motion because his probation was revoked after its expiration and that his present sentence imposed by the trial court is illegal. Jones's basis for claiming that he is serving an illegal sentence is his contention that he had completed his five-year probation when it was alleged he failed to meet his probation requirements. The record shows that Jones was placed on five-year probation on April 5, 2001; hence, his probation would have expired on April 5, 2006. The date of Jones’s charge for the sale of cocaine was February 16, 2006. Therefore, he was within his five-year probation at the time in question, and this issue is without merit. |
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