Evans v. State, 2015–CP–00078–COA.

Citation188 So.3d 1256
Decision Date12 April 2016
Docket NumberNo. 2015–CP–00078–COA.,2015–CP–00078–COA.
Parties Curtis C. EVANS a/k/a Curtis Chrishaun Evans a/k/a Curtis Evans, Appellant v. STATE of Mississippi, Appellee.
CourtCourt of Appeals of Mississippi

188 So.3d 1256

Curtis C. EVANS a/k/a Curtis Chrishaun Evans a/k/a Curtis Evans, Appellant
v.
STATE of Mississippi, Appellee.

No. 2015–CP–00078–COA.

Court of Appeals of Mississippi.

April 12, 2016.


188 So.3d 1258

Curtis C. Evans, appellant, pro se.

Office of the Attorney General by Lisa L. Blount, attorney for appellee.

Before GRIFFIS, P.J., CARLTON and JAMES, JJ.

CARLTON, J., for the Court:

¶ 1. Curtis Chrishaun Evans pled guilty to armed robbery, and a trial judge sentenced Evans to serve sixteen years in the custody of the Mississippi Department of Corrections (MDOC), with eight years suspended and eight years to serve, followed by three years of postrelease supervision (PRS). While on PRS, Evans was arrested for robbery and indecent exposure.

¶ 2. After a revocation hearing on the matter, the trial court revoked Evans's PRS and sentenced him to serve his original sixteen-year sentence in the custody of the MDOC, with credit received for time served. Evans filed a motion for postconviction relief (PCR), which the trial court denied. Evans now appeals to this Court, claiming: (1) that he was denied legal representation at the probation-revocation proceedings; (2) that he failed to receive an initial appearance; (3) that he received an illegal sentence; and (4) that the trial court failed to advise him he could appeal his sentence. Finding no error, we affirm the trial court's denial of Evans's PCR motion.

FACTS

¶ 3. On August 13, 2002, Evans pled guilty to the indicted charge of armed robbery. The trial judge sentenced Evans to serve sixteen years in the custody of the MDOC, with eight years suspended and eight years to serve, followed by three years of PRS.1

¶ 4. The record reflects that on July 15, 2009, Evans was placed on PRS for a period of three years. On April 18, 2010, the Gulfport Police Department arrested Evans for robbery and indecent exposure. On April 23, 2010, a petition to revoke Evans's PRS was filed due to Evans's arrest and his failure to pay supervision fees and court costs. Evans signed a waiver of his right to a preliminary probation-revocation hearing.

188 So.3d 1259

¶ 5. The trial court held a revocation hearing on July 6, 2010. The transcript from the revocation hearing reflects that Evans admitted that he possessed awareness of his August 2010 charge for robbery and indecent exposure. Evans also admitted that he owed $220 in supervision fees and that he had never made a payment towards his balance of $1,322.50 with the trial court. Evans confirmed that he did sign the document waiving his right to a preliminary probation-revocation hearing.

¶ 6. At the revocation hearing, the trial court also heard testimony from Allison Long, a field officer with the MDOC, and Officer Samuel Jewel of the Gulfport Police Department, regarding the facts surrounding Evans's arrest for robbery and indecent exposure. Evans provided testimony admitting to the facts surrounding his arrest.

¶ 7. After finding that Evans violated the terms of his PRS, the trial court entered an order revoking Evans's PRS and sentencing him to serve his original sixteen-year sentence in the custody of the MDOC, with credit received for time served. The order reflects that "[a]fter a call of the case and hearing testimony, [Evans] confessed that he violated his probation."

¶ 8. On November 12, 2013, Evans filed a PCR motion, claiming the trial court illegally revoked his PRS; that he was denied assistance of counsel at the revocation hearing; that the evidence against him was not disclosed at the hearing; that he was not given the opportunity to present witnesses and documentary evidence; and that he was not advised of his right to confront and cross-examine adverse witnesses. The trial court ordered the State to respond to Evans's PCR motion, and also ordered the revocation hearing transcribed.

¶ 9. In the State's response to Evans's PCR motion, the State claimed that the motion was time-barred pursuant to Mississippi Code Annotated section 99–39–5(2) (Rev.2015), explaining that Evans's probation was revoked on July 6, 2010, and Evans failed to file his PCR motion until November 12, 2013. The State maintained that Evans's remaining issues lacked merit.

¶ 10. On December 17, 2014, the trial court entered an order denying Evans's PCR motion. Evans now appeals.

STANDARD OF REVIEW

¶ 11. "When reviewing a trial court's denial or dismissal of a PCR motion, we will only disturb the trial court's factual findings if they are clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard of review." Lackaye v. State, 166 So.3d 560, 562 (¶ 5) (Miss.Ct.App.2015).

DISCUSSION

¶ 12. As a procedural matter, we recognize that section 99–39–5(2) mandates that a movant has three years to file a PCR motion. The failure to file a PCR motion within the three years procedurally bars the issue. The record before us reflects that the trial court revoked Evans's PRS on July 6, 2010. Evans failed to file a PCR motion regarding his PRS revocation until November 12, 2013, more than three years after his PRS was revoked.

¶ 13. However, section 99–39–5(2)(b) provides an exception from the time-bar for "those cases in which the petitioner claims that his sentence has expired or his probation, parole or conditional release has been unlawfully revoked." The Mississippi Supreme Court has explained that "The [Uniform Postconviction Collateral Relief Act] is unambiguous as it relates to parole revocations. Indeed, it could not be more

188 So.3d 1260

clear: it excepts claims of unlawful parole revocation from its three-year limitations period." Magee v. State, 152 So.3d 1193, 1197 (¶ 10) (Miss.Ct.App.2014) (citing Edmond v. Miss. Dep't of Corr., 783 So.2d 675, 678 (¶ 12) (Miss.2001) ); see also...

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4 cases
  • Carey v. State
    • United States
    • Mississippi Court of Appeals
    • January 15, 2019
    ...sentence was unlawfully revoked is excepted from the statute of limitations. See Miss. Code Ann. § 99-39-5(2)(b) ; Evans v. State , 188 So.3d 1256, 1259-60 (¶¶ 12-13) (Miss. Ct. App. 2016). "It is a familiar rule that this Court will affirm the lower court where the right result is reached,......
  • Evans v. State
    • United States
    • Mississippi Court of Appeals
    • February 13, 2018
  • Brown v. State, 2014–CP–01338–COA.
    • United States
    • Mississippi Court of Appeals
    • April 12, 2016
  • Barnes v. State, 2016-CP-01254-COA.
    • United States
    • Mississippi Court of Appeals
    • August 22, 2017

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