Britt v. State
| Docket Number: | 2002-CP-01885-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-30-2003 Opinion Author: Bridges, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Double jeopardy - Probation Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 08-29-2002 Appealed from: Webster County Circuit Court Judge: Clarence E. Morgan, III Disposition: POST-CONVICTION COLLATERAL RELIEF - DENIED. District Attorney: Doug Evans Case Number: 2002-50CV-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | Joel Britt |
JOEL BRITT (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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 - Double jeopardy - Probation |
| Summary of the Facts: | Joel Britt pled guilty to accessory after the fact of burglary and was given three years of supervised probation, and a five year suspended sentence. His supervisory probation was later revoked for testing positive for marijuana and cocaine use, and for being indicted for three sales of marijuana. Britt filed for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Britt argues that he was denied his right against double jeopardy by the reinstatement of his original sentence and that the time he was on probation should count as a sentence previously served. It is not a violation of double jeopardy to sentence a prisoner to his original sentence after his probation is revoked. Only if the court attempts to administer a longer sentence than what was originally conferred upon the defendant will it be considered double jeopardy. In addition, probation, as was given in the instant case, is not to be construed as part of a prison sentence. |
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