McCaine v. State
| Docket Number: | 2003-CA-00861-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-10-2004 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Revocation of suspended sentence Judge(s) Concurring: King, C.J., Bridges, P.J., Lee, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 03-18-2003 Appealed from: Monroe County Circuit Court Judge: Thomas J. Gardner Disposition: POST-CONVICTION RELIEF MOTION DISMISSED District Attorney: John Richard Young Case Number: CV02-436(G)M |
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| Party Name: | Attorney Name: | |||
| Appellant: | Stacy Thomas McCaine a/k/a Stacey Thomas McCaine |
JASON LEE SHELTON |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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 - Revocation of suspended sentence |
| Summary of the Facts: | Stacy McCaine was pled guilty to accessory after the fact to robbery. He was sentenced to five years with four years suspended, upon the condition that he commit no further violation of any laws of this or any other state or the United States. When he was convicted later of possession of marijuana with intent to distribute, his four-year suspended sentence was revoked. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | McCaine argues that the terms of his suspended sentence were unclear and that the court did not set forth a specific time period in which he was to refrain from violating his probation. McCaine was sentenced to five years with four years suspended, upon the condition that he commit no further violation of any laws of this or any other state or the United States. There is nothing vague or ambiguous about this commandment. McCaine’s violation of the condition of his suspended sentence occurred well within the five-year implied period of probation. |
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