Hardin v. State
Docket Number: | 2002-CA-00654-COA Linked Case(s): 2002-CT-00654-COA ; 2002-CT-00654-SCT ; 2002-CA-00654-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 10-21-2003 Opinion Author: Lee, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Post-conviction relief - Revocation of probation Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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Trial Court: |
Date of Trial Judgment: 03-25-2002 Appealed from: Adams County Circuit Court Judge: Forrest Johnson Disposition: DENIED MOTION FOR POST-CONVICTION RELIEF. District Attorney: Ronnie Lee Harper Case Number: 11,014 |
Party Name: | Attorney Name: | |||
Appellant: | Larry D. Hardin a/k/a "Peter Rabbit" |
JAMIE MCBRIDE |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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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. |
Topic: | Post-conviction relief - Revocation of probation |
Summary of the Facts: | Larry Hardin pled guilty to sale of cocaine and was sentenced to ten years with seven years suspended. After being released from prison to serve the suspended portion of his sentence, his suspension was revoked when he was arrested and charged with involvement in a drug sale. Hardin filed a motion for post-conviction relief which was denied. He appeals. |
Summary of Opinion Analysis: | Hardin argues that the judge erroneously revoked his probation when the charge that was the basis for such revocation was dismissed. Probation may be revoked upon a showing that the defendant more likely than not violated the terms of probation. Hardin's probation was not revoked for guilt of another crime, but was revoked because extensive evidence was produced to show that Hardin violated the terms of his probation in participating in the sale. Therefore, the court did not err in denying Hardin’s motion. |
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