McGaughy v. State
| Docket Number: | 2006-CA-00382-COA Linked Case(s): 2006-CA-00382-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-05-2006 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Probation revocation hearing - Appointed counsel Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 02-07-2006 Appealed from: LEE COUNTY CIRCUIT COURT Judge: Paul Funderburk Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED. Case Number: CV05-095(PF)L |
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| Party Name: | Attorney Name: | |||
| Appellant: | Charles Fitzgerald McGaughy |
JOHN CARL HELMERT |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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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 - Probation revocation hearing - Appointed counsel |
| Summary of the Facts: | Charles McGaughy pled guilty to sale of cocaine and was placed in the Regimented Inmate Discipline program, with probation to follow his release from the RID program. McGaughy successfully completed the RID program, but shortly after his release to probation, the State filed a petition to revoke McGaughy’s probation on the basis of criminal charges and other violations of the terms of his probation. The court revoked McGaughy’s probation and imposed his entire twenty-year sentence. Thereafter, a jury found McGaughy innocent of the criminal charges. McGaughy filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | McGaughy argues that he was entitled to appointed counsel at his probation revocation hearing. In general, a probationer has a right to counsel when his case is complex or otherwise difficult to develop. McGaughy’s case is not complex or otherwise difficult to develop. Although he disputed the validity of the criminal charges against him, McGaughy readily admitted to the court that he had violated several conditions of his probation. A probationer may have his probation revoked for any deficiency. Therefore, the court was entitled to revoke McGaughy’s probation solely on the basis of McGaughy’s admissions and was further entitled, at that time, to impose any or all of his sentence that the court deemed appropriate. |
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