Young v. State
| Docket Number: | 2009-CP-02026-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-11-2011 Opinion Author: Irving, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Revocation of probation - Section 47-7-47 - Jurisdiction Judge(s) Concurring: King, C.J., Lee, P.J., Myers, P.J., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 11-10-2009 Appealed from: Lauderdale County Circuit Court Judge: Lester F. Williamson, Jr. Disposition: Motion for Post-Conviction Relief Denied Case Number: 09-CV-096(W) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Sylvester Young, Jr. |
PRO SE |
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| Appellee: | State of Mississippi | STEPHANIE BRELAND WOOD | ||
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 - Section 47-7-47 - Jurisdiction |
| Summary of the Facts: | After Sylvester Young Jr.’s probation was revoked, he was sentenced to serve twelve years. While serving that time, Young filed a motion requesting habeas corpus relief. The court reframed the motion as one for post-conviction relief and subsequently denied the motion. Young appeals. |
| Summary of Opinion Analysis: | Young argues that, based on section 47-7-47, the circuit court could not sentence him to serve the remainder of his sentence after he violated his probation. Young misinterprets the restrictions of section 47-7-47. That section as it was written at the time of Young’s sentencing governed the jurisdiction of a circuit court to suspend a sentence after an initial sentencing hearing. There is no evidence in the record that any part of Young’s sentence was suspended at a time other than his initial sentencing hearing. Young’s assertion that the circuit court was without jurisdiction to reinstate the suspended portion of his sentence after he violated his probation is without merit. Circuit courts have the jurisdiction to revoke probation upon proof of a violation. In the present case, Young apparently agreed to an order finding that he had violated his probation. |
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