Hardin v. State


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Docket Number: 2002-CA-00654-COA
Linked Case(s): 2002-CT-00654-COA ; 2002-CT-00654-SCT ; 2002-CA-00654-COA

Court of Appeals: Opinion Link
Opinion Date: 10-21-2003
Opinion Author: Lee, J.
Holding: Affirmed

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

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



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART  

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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 After being released from prison to serve the suspended portion of his sentence, his suspension was revoked when he was arrested and charged with involvement in a drug sale.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 Hardin's probation was not revoked for guilt of another crime, but was revoked because extensive evidence was produced to show that Hardin violated the terms of his probation in participating in the sale.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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