Crosby v. State


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Docket Number: 2002-CP-01294-COA
Court of Appeals: Opinion Link
Opinion Date: 10-28-2003
Opinion Author: McMillin, C.J.
Holding: Affirmed
Additional Case Information: Topic: Post-conviction relief - Illegal sentence
Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: PCR
Nature of the Case: PCR
Trial Court: Date of Trial Judgment: 08-15-2002
Appealed from: Covington County Circuit Court
Judge: Robert G. Evans
Disposition: DENIAL OF POST-CONVICTION RELIEF
District Attorney: Eddie H. Bowen
Case Number: 2001-61K
  Party Name: Attorney Name:  
Appellant: Johnny Gene Crosby




 PRO SE



  
Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY  
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Topic: Post-conviction relief - Illegal sentence
Summary of the Facts: Johnny Crosby pled guilty to the sale of cocaine. He was sentenced to ten years. However, the judgment of sentence directed that Crosby serve only the first five years of the sentence and that the final five years be suspended and the defendant be placed on supervised probation for that period. In a post-conviction relief motion, Crosby sought to have the portion of his sentence calling for five years of supervised probation following his release from confinement removed from the sentence, since he had been convicted of a prior felony. The court denied his motion, and he appeals.
Summary of Opinion Analysis: If as a result of a plea bargain a prior felon voluntarily accepts an offered suspended sentence and some form of probation, this becomes by agreement an enforceable sentence. Therefore, Crosby’s sentence as entered is enforceable.


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