Henry Earl Coleman v. State of Mississippi
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IN THE COURT OF APPEALS
OF THE
STATE OF MISSISSIPPI
NO. 2001-CP-00364-COA
HENRY EARL COLEMAN A/K/A HENRY E. COLEMAN A/K/A HENRY
COLEMAN
v.
STATE OF MISSISSIPPI
DATE OF TRIAL COURT JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
APPELLANT
APPELLEE
02/06/2001
HON. GRAY EVANS
SUNFLOWER COUNTY CIRCUIT COURT
PRO SE
OFFICE OF THE ATTORNEY GENERAL
BY: WAYNE SNUGGS
FRANK CARROLTON
CIVIL - POST-CONVICTION RELIEF
PCR DENIED
AFFIRMED - 12/18/2001
1/8/2002
BEFORE McMILLIN, C.J., THOMAS, AND MYERS, JJ.
MYERS, J., FOR THE COURT:
¶1. Henry Earl Coleman appeals the decision of the Sunflower County Circuit Court, Honorable Gray
Evans presiding, dismissing his petition for post-conviction relief. Finding no error, we affirm.
FACTS
¶2. Coleman was convicted of aggravated assault in 1993 and was sentenced to serve twenty years. At
some point he was released on probation or parole. This release was revoked when the police raided
Coleman's home and found that he was in possession of three firearms. Judge Evans sentenced Coleman to
an additional term of three years to be served consecutively with his first sentence.
DISCUSSION
¶3. When Judge Evans reviewed Coleman's petition for post-conviction relief, he found that Mississippi
Department of Correction's computation of time was correct. MDOC's calculation that Coleman would
have to serve thirteen years before he was eligible for any type of parole was based on the sentence of
twenty years and the sentence of three years to be served consecutively.
¶4. His original sentence for aggravated assault occurred in 1993 under the "50%" law. Miss. Code Ann.
§ 47-5-138 (Supp. 2001).(1) This means that he was to serve at least ten years of his original twenty year
sentence. When his probation was revoked the court reinstated his original sentence and added three years
for the firearms violation. The recalculated sentence equals thirteen years. Probation is not part of the
original prison sentence. Carter v. State, 754 So. 2d 1207, 1209 (¶5) (Miss. 2000). "When a defendant is
found to have violated . . . his probation, the court has the power to impose any sentence which would have
been originally imposed." Johnson v. State, 753 So. 2d 449 (¶15) (Miss. Ct. App. 1999).
¶5. Judge Evans did exactly what our statutes and case law allow. He dismissed a meritless claim because
the MDOC correctly calculated the eligibility date of Coleman's possible parole. Finding no error, we
affirm.
¶6. THE JUDGMENT OF THE CIRCUIT COURT OF SUNFLOWER COUNTY DENYING
POST-CONVICTION RELIEF WITH PREJUDICE IS AFFIRMED. ALL COSTS ARE
ASSESSED TO SUNFLOWER COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE,
CHANDLER AND BRANTLEY, JJ., CONCUR. IRVING, J., NOT PARTICIPATING.
1. No longer applicable to sentences imposed after June 30, 1995.
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