McDonald v. State
| Docket Number: | 2003-CP-02742-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-02-2004 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Extension of probation - Section 47-7-37 Judge(s) Concurring: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 09-25-2003 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: POST-CONVICTION RELIEF DENIED. District Attorney: Anthony J. Buckley Case Number: 2003-26-CV7 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Moses McDonald |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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 - Extension of probation - Section 47-7-37 |
| Summary of the Facts: | Moses McDonald pled guilty to the charges of armed robbery and robbery. McDonald was sentenced to seven years on the armed robbery charge with four suspended and three to serve. On the robbery charge, McDonald was also sentenced to seven years with four suspended and three to serve. Both sentences were to run concurrently and, after release, McDonald was placed on one year of supervised probation. McDonald served his three years and began his one year of supervised probation. McDonald's probation was extended one more year, because he failed to follow the conditions of his probation, namely the payment of fines and court costs. In addition, a petition to revoke McDonald's probation was filed, because McDonald committed numerous probation violations. After the probation revocation hearing, McDonald was ordered to served the suspended portion of his sentence. McDonald filed a motion for post-conviction collateral relief which was denied. He appeals. |
| Summary of Opinion Analysis: | McDonald argues that his probation was unlawfully extended. Section 47-7-37 states that the probation period may at any time be extended or terminated by the court. The record includes an order signed by the trial judge extending McDonald's probation for one year. Therefore, the judge did not abuse his discretion in denying McDonald's requested relief. |
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