Presley v. State
| Docket Number: | 2007-CP-01193-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 11-18-2010 Opinion Author: Graves, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Due process - Preliminary hearing Judge(s) Concurring: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 06-21-2007 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: Rochester Presley pleaded guilty to grand larceny. The Circuit Court of Forrest County, Mississippi, Judge Robert B. Helfrich presiding, sentenced Presley to ten years in the custody of the Mississippi Department of Corrections (MDOC) with all ten years suspended upon Presley’s good behavior and compliance with the conditions of probation. On June 2, 2005, the trial court held a probation-revocation hearing and found that Presley had violated the terms and conditions of his probation, and sentenced Presley to serve the remainder of his sentence in the custody of MDOC District Attorney: JON MARK WEATHERS Case Number: C107-0077 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ROCHESTER EUGENE PRESLEY a/k/a RONALD
STARKS a/k/a ZEE ZEE ZELAZURRA a/k/a ZEE
ZEE ZELA ZURO |
PRO SE |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE | ||
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| Topic: | Post-conviction relief - Due process - Preliminary hearing |
| Summary of the Facts: | In 2004, Rochester Presley pled guilty to grand larceny and was sentenced to ten years which were suspended upon Presley’s good behavior and compliance with the conditions of probation. In 2005, the trial court held a probation-revocation hearing and found that Presley had violated the terms and conditions of his probation, and sentenced Presley to serve the remainder of his sentence. Presley appeals. |
| Summary of Opinion Analysis: | Presley argues that he was denied due process when he was not provided a preliminary hearing for the purpose of determining whether probable cause existed to believe that he had violated a condition of his probation. Presley failed to raise the issue that he was denied the right to a preliminary hearing at his formal revocation hearing. Therefore, he is procedurally barred from raising this issue on appeal. In addition, although Presley did not receive a “preliminary hearing,” Presley was afforded all the necessary due process safeguards required for the decision of whether probable cause existed to revoke his probation. Presley was given a full hearing on the issue of revocation of probation. Thus, the failure to grant such a preliminary hearing, though clearly erroneous, should, nevertheless, be subjected to harmless-error analysis. Presley was served with notice in the form of a Notice of Hearing on the Petition to Revoke Suspended Sentence by the Forrest County Sheriff’s Department. The trial court held a hearing at which testimony for both sides was presented to the trial court. The trial court thereafter concluded that Presley had violated the terms and conditions of his suspended sentence and revoked his probation. Thus, the trial court provided Presley with all the due-process protections required. |
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