Baldwin v. State
| Docket Number: | 2004-CP-00016-COA Linked Case(s): 2004-CT-00016-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 11-02-2004 Opinion Author: Lee, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Failure to make restitution payments - Due process - Right to counsel 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 Writ of Certiorari: Denied Appealed from Court of Appeals |
|
| Trial Court: |
Date of Trial Judgment: 10-09-2003 Appealed from: Pearl River County Circuit Court Judge: Michael R. Eubanks Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED. District Attorney: Claiborne McDonald Case Number: 2003-0405 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Christopher Baldwin |
PRO SE |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
|
|
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. |
|
| Topic: | Post-conviction relief - Failure to make restitution payments - Due process - Right to counsel |
| Summary of the Facts: | Christopher Baldwin pled guilty to the charge of wire fraud. He was sentenced to five years which was suspended pending the successful completion of five years of probation. After Baldwin had violated certain conditions of his probation, the court ordered the revocation of Baldwin's probation. However, the court held the order of revocation in abeyance pending Baldwin's ability to maintain employment and make monthly payments on his restitution. After Baldwin was fired from his job for misusing the company credit card and cell phone in the amount of $5,446.76, he was arrested and ordered to serve his sentence. Baldwin filed a motion for post-conviction collateral relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Failure to make restitution payments Baldwin argues that the court erred in failing to make sufficient inquiry into the reason for his failure to make restitution payments. Baldwin says he was indigent during November and was unable to make his payment. During the revocation hearing, Baldwin never testified that he was indigent. In fact, Baldwin stated that a former employer was going to rehire him. Therefore, there was no abuse of discretion by the judge in determining whether Baldwin could make his restitution payments. Issue 2: Due process Baldwin argues that due process requires that the judge orally inform a defendant of the terms and conditions of probation before revoking probation for a violation of those terms and conditions. At his sentencing hearing, Baldwin was informed that part of his sentence was to make full restitution. Later, through a court order which included Baldwin's signature, Baldwin was again informed that he was to make monthly payments as part of his restitution. Therefore, there is no merit to this issue. Issue 3: Right to counsel Baldwin argues that he should have had an attorney present at his revocation hearing. A probationer has the right to appointed counsel at a revocation hearing when the issues are complex or otherwise difficult to develop. The issues in this case were neither complex nor difficult to develop. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
