Pipkin v. State, 47755
| Citation | 292 So.2d 181 |
| Decision Date | 18 March 1974 |
| Docket Number | No. 47755,47755 |
| Parties | Joe PIPKIN v. STATE of Mississippi. |
| Court | United States State Supreme Court of Mississippi |
Joe Pipkin pleaded guilty in the Circuit Court of Marshall County to a charge of assault and battery with intent to kill and murder.
On February 23, 1971, the court sentenced defendant to one year in the state penitentiary, the order further providing that 'the court hereby suspends the execution of the above sentence for a period of one year and the defendant is hereby placed under the supervision of the State Probation and Parole Board, until the court in term time, or the Judge on vacation, shall alter, extend, terminate or direct the enforcement of the above sentence.'
On March 3, 1972, on a petition filed by the district attorney, the court revoked the suspension and ordered defendant transported to the penitentiary, but again suspended sentence on good behavior. On March 28, 1973, defendant's probation was again revoked, and he was ordered sent to the penitentiary. An appeal was allowed by a Justice of this Court.
Defendant argues that the circuit court had no jurisdiction to revoke probation because (1) the court could not modify or revoke probation after expiration of the period of probation stated in the original judgment, and (2) the court had previously ordered termination of probation on February 15, 1972, on a petition filed by defendant's probation supervisor.
The state does not argue that the revocation of probation and the order resentencing defendant to the penitentiary was valid, but contends that the aforesaid order is not appealable. We agree that the case should be dismissed because the order is not appealable. Heabeas corpus is the proper remedy.
An order revoking a suspension of sentence or revoking probation is not appealable. Ray v. State, 229 So.2d 579 (Miss.1969); Kittrell v. State, 201 Miss. 514, 29 So.2d 313 (1947); Cooper v. State, 175 Miss. 7188 168 So. 53 (1936). The remedy is habeas corpus to determine whether (1) the court has jurisdiction to issue the order, (2) rendered a valid judgment, Ray v. State, supra, and (3) defendant had notice and was granted a public hearing as required by due process. Mason v. Cochran, 209 Miss. 163, 46 So.2d 106 (1950).
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Sigman v. Whyte
...A cursory review of our sister states reveals: State v. Ewing, 522 S.W.2d 105 (Mo.1975) (appealable by habeas corpus); Pipkin v. State, 292 So.2d 181 (Miss.1974) (appealable by habeas corpus); People v. Coleman, 13 Cal.3d 867, 120 Cal.Rptr. 384, 533 P.2d 1024 (1975) (probation revocation ap......
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Gates v. Judge James Kitchens
...of sentence or revoking probation is not appealable." Griffin v. State, 382 So. 2d 289, 290 (Miss. 1980) (quoting Pipkin v. State, 292 So.2d 181, 182 (Miss. 1974)). Thus, Gates' sentence under his revocation became final on the day of revocation and sentencing, January 22, 2016. Mr. Gates' ......
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Wolgin v. Wxperian Info. Solutions, Inc.
...order is a total departure from the orderly administration of justice and cannot and should not be approved.” Pipkin v. State, 292 So.2d 181, 182 (Miss.1974). Therefore, The Power Broker's appeal should be dismissed for lack of jurisdiction. For this reason, I dissent from the majority on t......
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State v. Oliver
...This Court has also held that "[a]n order revoking a suspension of sentence or revoking probation is not appealable." Pipkin v. State, 292 So.2d 181, 182 (Miss.1974). See also Beasley v. State, 795 So.2d 539, 540 ¶ 10. A revocation hearing is comparable to a preliminary hearing. Both hearin......