Bobby L. Deere v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2007-CP-00584-COA
BOBBY L. DEERE
APPELLANT
v.
STATE OF MISSISSIPPI
APPELLEE
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
3/14/2007
HON. W. ASHLEY HINES
SUNFLOWER COUNTY CIRCUIT COURT
BOBBY L. DEERE (PRO SE)
OFFICE OF THE ATTORNEY GENERAL
BY: BILLY L. GORE
CIVIL - POST-CONVICTION RELIEF
MOTION FOR POST-CONVICTION RELIEF
DENIED
AFFIRMED - 3/11/2008
BEFORE MYERS, P.J., IRVING AND ISHEE, JJ.
MYERS, P.J., FOR THE COURT:
¶1.
Bobby L. Deere appeals the Sunflower County Circuit Court’s denial of his motion for post-
conviction relief. Deere asserts that the circuit court incorrectly calculated his sentence during his
probation revocation hearing. Deere contends that he is not subject to the entire reinstatement of
his suspended sentence. Finding no error in the decision of the circuit court, we affirm the denial
of Deere’s motion for post-conviction relief.
STANDARD OF REVIEW
¶2.
Our review of a circuit court’s denial of a motion for post-conviction relief is limited to
reversal only when the decision is clearly erroneous. Kirksey v. State, 728 So. 2d 565, 567 (¶8)
(Miss. 1999).
DISCUSSION
¶3.
In 1990, Deere pleaded guilty in the Sunflower County Circuit Court to armed robbery and
was sentenced to serve twenty years in the custody of the Mississippi Department of Corrections
(MDOC). However, fifteen years of the sentence were suspended provided that Deere successfully
serve the first five years on probation. In December 1999, while Deere was in his probation period,
Deere committed another armed robbery, thereby violating the terms of his probation. At the
revocation hearing held in January 2000, Deere was remanded to the custody of the MDOC to serve
the entire fifteen years. Approximately seven years later, Deere filed a motion to clarify his
sentence. Deere claimed that his sentence was incorrectly calculated during the revocation hearing
and sought to have his sentence reduced from fifteen years to five years. His motion for clarification
of sentence was treated by the circuit court as one for post-conviction relief that was denied.
¶4.
“If a prisoner is under court imposed probation, that prisoner may be incarcerated if the
conditions of probation are not followed.” Johnson v. State, 925 So. 2d 86, 92 (¶11) (Miss. 2006).
We have held that “after the probationer is arrested, ‘the court . . . shall cause the probationer to be
brought before it and may continue or revoke all or any part of the probation or the suspension of
sentence, and may cause the sentence imposed to be executed or may impose any part of the
sentence which might have been imposed at the time of conviction.’” McGaughy v. State, 954 So.
2d 452, 454 (¶6) (Miss. Ct. App. 2006) (quoting Miss. Code Ann. § 47-7-37 (Supp. 2006)). In this
case, after Deere violated probation by committing another armed robbery for which he was
arrested, the circuit court revoked all of Deere’s fifteen-year suspended sentence. This revocation
and reinstatement of the initially suspended sentence was well within the judge’s discretion and
within the confines of the statutory authority found in Mississippi Code Annotated section 47-7-37
(Supp. 2006). Therefore, the denial of Deere’s motion for post-conviction relief was not in error.
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We, accordingly, affirm.
¶5.
THE JUDGMENT OF THE CIRCUIT COURT OF SUNFLOWER COUNTY
DENYING MOTION FOR POST-CONVICTION RELIEF IS AFFIRMED. ALL COSTS OF
THIS APPEAL ARE ASSESSED TO SUNFLOWER COUNTY.
KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE,
ROBERTS AND CARLTON, JJ., CONCUR.
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