Sobrado v. State, 2012–CP–00484–COA.

Citation168 So.3d 1114
Decision Date18 February 2014
Docket NumberNo. 2012–CP–00484–COA.,2012–CP–00484–COA.
PartiesChristopher S. SOBRADO a/k/a Christopher Steven Sobrado a/k/a Chris, Appellant v. STATE of Mississippi, Appellee.
CourtCourt of Appeals of Mississippi

Christopher S. Sobrado, appellant, pro se.

Office of the Attorney General by Ladonna C. Holland, attorney for appellee.

EN BANC.

ROBERTS, J., for the Court:

MODIFIED OPINION ON REHEARING

¶ 1. Acting on its own motion, this Court grants rehearing in this matter, withdraws its prior opinion, and substitutes this opinion in its place.

¶ 2. This case centers on a circuit court's authority to reinstate a prisoner's suspended sentence based on misconduct that occurred while he was still serving his initial ten-year sentence as an inmate under the supervision of the Mississippi Department of Corrections (MDOC). Christopher Sobrado appeals the Pontotoc County Circuit Court's judgment summarily dismissing his motion for post-conviction relief (PCR) after the circuit court ostensibly revoked his post-release supervision and reinstated the suspended portion of his sentence for burglary of a dwelling. Because the record on appeal does not clearly indicate whether the conduct that led to the circuit court's decision occurred while Sobrado was still an inmate on earned-release supervision (ERS) or whether he had been officially discharged from his ten-year sentence and placed on post-release supervision, we reverse the circuit court's judgment and remand this matter for an evidentiary hearing as described below.

FACTS AND PROCEDURAL HISTORY

¶ 3. Sobrado was indicted for two counts of burglary of a dwelling. The prosecution and Sobrado negotiated a plea agreement that the prosecution would “retire” one burglary charge in exchange for Sobrado's guilty plea to the second burglary charge. The plea agreement was also contingent upon Sobrado's payment of restitution to both of the burglary victims.

¶ 4. On April 10, 2003, Sobrado went before the circuit court and pled guilty to the second count of burglary of a dwelling.1 The circuit court accepted Sobrado's guilty plea and followed the prosecution's sentencing recommendation. Specifically, the circuit court sentenced Sobrado to twenty-five years in the custody of the MDOC, with fifteen years suspended and ten years to serve, followed by five years of post-release supervision.2

¶ 5. Additionally, the circuit court ordered Sobrado to pay restitution to the two burglary victims. To ensure that Sobrado complied with his restitution obligation, the circuit court told Sobrado, “Upon completion of your sentence, you will be placed on five years [of] post-release supervision, [and] you will be placed in a restitution center as designated by the [MDOC] until all fines, cost[s,] and restitution are paid.” In the circuit court's subsequent sentencing order, the circuit court specified the conditions of Sobrado's post-release supervision.3 Among other conditions, the circuit court reserved the right to revoke Sobrado's post-release supervision if Sobrado failed to pay restitution to the victims. The circuit court further ordered that during Sobrado's term of post-release supervision, he “shall be transported to the restitution center to successfully complete and pay all cost [s], fines, and restitution.”

¶ 6. On January 16, 2008, Sobrado was reclassified by the MDOC and placed on ERS.4 As an MDOC inmate, Sobrado was sent to the Hinds County Restitution Center. In February 2008, Sobrado began working at two restaurants. Sobrado was obligated to tender his paychecks to the restitution center, but he failed to tender approximately $2,800 of his earnings. Sobrado was later transferred to two other restitution centers, where he tendered all of his paychecks to the MDOC. Based on the record, it appears that Sobrado spent seventeen months in various restitution centers. Through June 2009, Sobrado had deposited a total of approximately $9,200 toward his restitution. After deducting for his room and board and his personal allowance, Sobrado's restitution account contained approximately $4,200.

¶ 7. On June 19, 2009, he was fired from his job at Wendy's. Two days later, he was written up for “disobeying a direct order of a[n MDOC] staff member.” On June 22, 2009, MDOC Field Officer Fannie Tonth signed a “warrant for [Sobrado's] arrest [for] violation of [his] probation.” According to Officer Tonth, Sobrado “violated the terms of [his] order of probation” when he: (a) was fired from his job on June 19, 2009; (b) refused to obey an order to wake up and clean his area on June 21, 2009; and (c) when he requested to sign out of the restitution center on June 22, 2009.

¶ 8. According to Officer Tonth's violation-report form, the MDOC discharged Sobrado from ERS on June 21, 2009.5 At that time, Sobrado began his term of post-release supervision. In other words, on June 21, 2009, Sobrado appears to have been officially discharged from his initial ten-year sentence. However, the record does not contain what has been described as a “gold certificate of discharge” from the MDOC.

¶ 9. On July 7, 2009, the State filed a petition to revoke Sobrado's post-release supervision and impose the suspended portion of the circuit court's sentence. The next day, the circuit court conducted a hearing on the State's petition. Based on Sobrado's allegations that there were discrepancies between his earnings and his deposit account while he was on ERS, the circuit court continued the hearing until September 11, 2009, so Joe Cotton, the MDOC director of accounting, could testify and reconcile the discrepancies. Cotton later testified that the discrepancies were related to the fact that Sobrado simply cashed some of his paychecks during 2008, and he did not tender them to the restitution center.

¶ 10. Ultimately, the circuit court concluded that Sobrado more likely than not violated the terms of his post-release supervision by failing to abide by the rules of the restitution center. As a result, the circuit court reinstated the fifteen-year portion of Sobrado's suspended sentence. However, the circuit court suspended five years of that sentence and required Sobrado to serve ten more years in MDOC custody, followed by five years of post-release supervision.

¶ 11. In August 2011, Sobrado filed a PCR motion attacking the validity of the circuit court's revocation of his post-release supervision incident to case number CR02–144. Among other issues, Sobrado claimed the circuit court lacked jurisdiction to revoke his post-release supervision and reinstate the previously suspended portion of his sentence. He also claimed that his post-release supervision was unlawfully revoked. Without requiring a response from the State, the circuit court “denied” Sobrado's PCR motion.6 Sobrado appeals.

STANDARD OF REVIEW

¶ 12. This Court will not disturb a [circuit] court's dismissal of a [PCR motion] unless the [circuit] court's decision was clearly erroneous.” Wardley v. State, 37 So.3d 1222, 1223–24 (¶ 4) (Miss.Ct.App.2010). A circuit court “may summarily dismiss a PCR motion where ‘it plainly appears from the face of the motion, any annexed exhibits and the prior proceedings in the case that the movant is not entitled to any relief.’ White v. State, 59 So.3d 633, 635 (¶ 4) (Miss.Ct.App.2011) (quoting Miss.Code Ann. § 99–39–11(2) (Supp.2010)). Questions of law receive a de novo review. Id.

ANALYSIS

¶ 13. Sobrado claims that the circuit court erred when it revoked his post-release supervision. He further argues that the circuit court had no authority to revoke his post-release supervision for conduct that occurred while he was on ERS.7

¶ 14. Based on various statutory mechanisms that may operate to reduce the time that an offender must remain incarcerated for a felony sentence, Sobrado was “released” from prison after he had served approximately four and one-half years of the circuit court's initial ten-year sentence for burglary of a dwelling. As required by Mississippi Code Annotated section 47–5–138(6) (Supp.2013), the MDOC placed Sobrado on ERS. Notwithstanding Sobrado's “release” from incarceration, while he was on ERS, he “retain[ed] inmate status and remain[ed] under” the MDOC's jurisdiction. Miss.Code Ann. § 47–5–138(6). To remain an inmate on ERS, Sobrado was obligated to observe certain conditions set by the MDOC. Id.

¶ 15. ERS is operated exclusively by the MDOC, with no involvement by circuit courts. Violations of ERS conditions are only reported to the MDOC. See Miss.Code Ann. § 47–7–27(3) (Supp.2013). MDOC “hearing officers” will then conduct revocation hearings. Miss.Code Ann. § 47–5–138(6). If a hearing officer finds that an inmate violated ERS conditions and revokes the inmate's ERS, the inmate “shall serve the remainder of the sentence,” with credit for the time he was on ERS. Miss.Code Ann. § 47–5–138(7) (Supp.2013). For reasons that are not apparent in the record, the MDOC took no steps to revoke Sobrado's ERS for violating the rules and regulations of the restitution center.

¶ 16. Post-release supervision is significantly different than ERS. Circuit courts have the exclusive authority to sentence qualified offenders to a term of post-release supervision. See Miss.Code Ann. § 47–7–34(1) (Rev.2011). Circuit courts set the conditions that an offender must follow while he is on post-release supervision. Miss.Code Ann. § 47–7–37 (Rev.2011). Violations of those conditions are reported to the circuit court. Id. And the circuit court conducts revocation hearings when there are allegations that an offender on post-release supervision violated the circuit court's conditions. Id. Finally, the circuit court has the sole authority to revoke an offender's post-release supervision for violations occurring while an offender is on post-release supervision and “impose any part of the sentence [that] might have been imposed at the time of conviction.” Id. Suffice it to say, while Sobrado was an inmate on ERS, he could not simultaneously be on post-release...

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    • U.S. District Court — Southern District of Mississippi
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    • Mississippi Court of Appeals
    • May 21, 2019
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    • Mississippi Court of Appeals
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    ...inmate will then serve the remainder of his sentence in MDOC's custody. See Miss.Code Ann. § 47–5–138(6) ; Sobrado v. State, 2012–CP–00484–COA, 168 So.3d 1114, 1118–19, 2014 WL 605675, at *3 (¶ 15) (Miss.Ct.App. Feb. 18, 2014).¶ 10. PRS (post-release supervision) is governed by Mississippi ......

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