BEFORE DAN LEE, P.J., ROBERTSON and ZUCCARO, JJ.
ZUCCARO, JUSTICE, FOR THE COURT:
Appellant Lawrence Floyd Willis prosecutes this appeal from a judgment of the Circuit Court of Lauderdale County, dismissing the State's petition to revoke Willis' probation and refusing to alter or amend his 1984 judgment of conviction and sentence. After a hearing on the State's petition and Willis' motion, the lower court held it had no jurisdiction to alter or amend the 1984 judgment and further that the 1984 sentencing order which contained a probation agreement was correct and that for purpose of his future conduct Willis was subject to the terms of said agreement. From this judgment Willis appeals.
Finding merit in appellant's appeal, we reverse that portion of the circuit court order finding that the sentencing order included the probation order and hold that Willis was subject to a total term of five (5) years (including probation) as stated in the sentencing order.
On May 6, 1983, the Lauderdale County Grand Jury for the May 1983 Term jointly indicted Lawrence Floyd Willis and others for the crime of possession of more than one ounce of marijuana with intent to sell. After filing several pretrial motions, Willis, represented by counsel, on June 21, 1984, filed a Petition to Enter Plea of Guilty. In said petition,
sworn to and signed by Willis and witnessed his counsel, it was represented that Willis understood that he would plead guilty to the "possession" charge, that the district attorney would recommend a sentence of five (5) years, that another charge against Willis would be dismissed and that a charge against a co-indictee would be dismissed.
On June 21, 1984, Willis and his attorney appeared before Circuit Judge Lester F. Williamson and entered his plea. It was accepted by the Judge, who on June 22, 1984, entered an order setting sentencing for August 10, 1984.
The probation order, signed by Judge Williamson is marked "filed for record on August 13, 1984." The agreement contains a certification that a copy of the agreement "has been delivered to the Probationer, who has been instructed regarding the same." The certification is dated August 15, 1984, and contains the signature of "James M. Read[,] Probation Officer" . It further contains the statement, "I accept the above probation in accordance with the terms thereof" , followed by the handwritten name "Lawrence Willis" Probationer "by JMR on 8-20-84" . (Emphasis added).
The probation order contains the following paragraph:
Therefore, for said offense and on said plea of guilty it is by the Court ORDERED AND ADJUDGED that the said Lawrence Willis be and he is hereby sentenced to serve a term of 5 year(s) in the Mississippi Department of Corrections with 2 year(s) suspended and 5 year(s) on probation under the supervision of the Mississippi Department of Corrections. After the said Lawrence Willis has completed service of 3 year(s) in the Mississippi Department of Corrections and is honorably discharged therefrom because of the expiration of sentence, the said Lawrence Willis will be thereby remanded to the supervision of the Mississippi Department of Corrections to complete the suspended portion of this sentence under the jurisdiction of the Court[,] (Emphasis added).
followed by fourteen conditions of probation.
Following the sentencing order in the Court file is a Commitment Order dated September 24, 1984, which recites "TERM OF SENTENCE 5 years with Ms Dept. of Corrections: 2 yrs. susp.
& 5 yrs. probation: Serve 3 yrs: pay court costs & supervision fee" . (Emphasis added).
The record reflects that Willis and his attorney Mr. Robert Jones appeared before Judge Williamson on August 10, 1984. On August 13, 1984, an order was filed, signed by Judge Williamson on August 10. Willis contends that this order sentenced Willis to five (5) years; suspended two (2) ...