Felix v. State


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Docket Number: 2010-CP-00750-COA
Linked Case(s): 2010-CP-00750-COA ; 2010-CT-00750-SCT

Court of Appeals: Opinion Link
Opinion Date: 06-21-2011
Opinion Author: Carlton, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Due process - Revocation of suspended sentence - Preliminary hearing - Sufficiency of evidence - Terms of probation
Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee and Roberts, JJ.
Non Participating Judge(s): Russell, J.
Concur in Part, Concur in Result 1: Maxwell, J.
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 04-21-2010
Appealed from: Warren County Circuit Court
Judge: Isadore Patrick
Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED
Case Number: 10,0046-CI-P

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Leon Felix, Jr.




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT  

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Topic: Post-conviction relief - Due process - Revocation of suspended sentence - Preliminary hearing - Sufficiency of evidence - Terms of probation

Summary of the Facts: Leon Felix Jr. pled guilty to statutory rape. He was sentenced to ten years. The circuit court reluctantly suspended all ten years of the sentence and placed Felix on three years’ supervised probation. Four days later, Felix was arrested for cocaine possession. The court revoked the suspended sentence and ordered Felix serve eight years, with five years’ post-release supervision to follow. Felix filed a motion for post-conviction relief which the court dismissed. Felix appeals.

Summary of Opinion Analysis: Felix argues that the circuit court denied him due process because it did not conduct a preliminary hearing prior to the final revocation hearing. While there is no evidence in the record that such a hearing was conducted, Felix is not entitled to have his revocation set aside. Felix failed to raise the issue of a preliminary hearing at his final revocation hearing. A defendant is procedurally barred from arguing that he was denied the right to a preliminary hearing where the defendant failed to raise the issue at his formal revocation hearing. In addition, Felix has failed to show prejudice from the failure to conduct a preliminary hearing. Felix also argues that there was insufficient evidence to support the revocation and that he was never informed of the terms and conditions of his probation. Felix contends that there was insufficient evidence to support the revocation. However, an officer testified that during a traffic stop, he found a bag containing what was later determined to be 0.2 gram of cocaine on the ground near Felix’s car door. Felix subsequently admitted to the officer that he had thrown the bag from the vehicle, claiming that it had been given to him by a passenger. Felix stated – apparently offering this in mitigation – that he was addicted to marijuana and that his judgment had been impaired by its use. Felix’s final argument concerns the short period of time (four days) between his sentencing and his arrest for the violation of his probation. Felix points out that his probation officer admitted that she had not spoken with him to explain the probation conditions. Felix is correct that a defendant must be informed of the terms of a suspended sentence before it can be revoked. However, Felix was instructed to report to his probation officer. Having failed to do so, he cannot now complain that he did not know the terms of his probation.


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