Allen v. State
| Docket Number: | 2010-CP-00027-COA Linked Case(s): 2010-CP-00027-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-15-2011 Opinion Author: Carlton, J. Holding: Reversed and rendered. |
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| Additional Case Information: |
Topic: Post-conviction relief - Revocation of post-release supervision - Section 47-7-34 - Section 41-29-139(b)(3) - Jurisdiction Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Dissenting Author : Irving, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 12-01-2009 Appealed from: WASHINGTON COUNTY CIRCUIT COURT Judge: W. ASHLEY HINES Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2009-0231CI |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Luttreal D. Allen |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS, SCOTT STUART | ||
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 post-release supervision - Section 47-7-34 - Section 41-29-139(b)(3) - Jurisdiction |
| Summary of the Facts: | In 2005, the court sentenced Luttreal Allen to three-years of post-release supervision for possession of marijuana with intent to distribute. In 2008, the circuit court extended that post-release supervision by an additional year because Allen had failed to comply with the conditions of that supervision. If Allen would have complied with the post-release supervision conditions, the extended post-release-supervision period would have expired on May 23, 2009. However, Allen was arrested for possession of cocaine in 2008. The circuit court held that Allen had violated the conditions of his post release supervision and revoked the 2005 post-release supervision and ordered Allen to serve three years. Allen filed a motion to vacate the revocation order which was denied. Allen appeals. |
| Summary of Opinion Analysis: | Allen argues that the circuit court revoked his post-release supervision after the expiration of his three-year term for his post-release-supervision sentence. He also argues that the circuit court lacked the statutory authority to modify or alter the terms of his post release supervision. Under section 47-7-34, the circuit court may not impose a sentence of post-release supervision for a term greater than the maximum sentence allowed for the crime. Allen pled guilty to possession of less than thirty grams of marijuana with intent to distribute. Possession of marijuana under section 41-29-139(b)(3) carries a maximum sentence of three years’ imprisonment and a maximum fine of $3,000. The circuit court, therefore, lacked the authority to extend Allen’s post-release supervision for an additional fourth year because the additional year caused Allen’s sentence to exceed the maximum three-year sentence allowed by law. Because the circuit court lacked jurisdiction to extend Allen’s sentence of post-release supervision to a term beyond the maximum sentence authorized by law for the crime, Allen’s post-release supervision expired in May 2008, prior to the circuit court’s revocation of his suspended sentence in June 2009. Therefore, the circuit court lacked authority for the revocation of Allen’s post-release supervision, and the court erred in denying Allen’s motion for post-conviction relief. |
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