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Houston v. State

April 16, 1998

ALVIN D. HOUSTON
v.
STATE OF MISSISSIPPI



Before Pittman, P.j., McRAE And Roberts, JJ.

The opinion of the court was delivered by: McRAE, Justice, For The Court:

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A

DATE OF JUDGMENT: 01/09/97

TRIAL JUDGE: HON. R. KENNETH COLEMAN

COURT FROM WHICH APPEALED: LAFAYETTE COUNTY CIRCUIT COURT

BY: JEAN SMITH VAUGHAN

DISTRICT ATTORNEY: LAWRENCE L. LITTLE

NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF

DISPOSITION AFFIRMED

Alvin Houston brings this appeal under the Post-Conviction Collateral Relief Act, alleging that the forfeiture of his valuables and subsequent conviction violated double jeopardy principles and that he received ineffective assistance of counsel. We find that Houston's claims are barred and therefore affirm the circuit court below.

I.

On October 5, 1990, Houston was indicted for the crime of possession of a controlled substance (cocaine) with the intent to sell or transfer, in violation of Miss. Code Ann. § 41-29-139(a). Houston pleaded guilty in the Circuit Court of Lafayette County on January 22, 1991, and was sentenced to serve a term of twelve years in MDOC, with four years suspended and eight years to serve. He was also fined $1,000 less court costs and fees, and he was ordered to forfeit $737.00 in cash, a 1972 Pontiac automobile and a Motorola pager.

On March 2, 1992, Houston was released from prison and was placed on supervised probation for a five-year period, pursuant to a February 6, 1992, order suspending the balance of Houston's sentence conditioned upon his good behavior and allowing probation. Subsequently, however, Houston violated the terms of his probation. Houston was arrested in January 1995 by the Memphis Police Department for possession of a controlled substance with the intent to sell, and he was indicted for the crime in June 1995. Houston also failed to report to his probation officer from May through November of 1995. Houston left Mississippi without application in January 1995. Finally, Houston failed to pay supervision fees to the MDOC in October, November and December of 1995.

As a result of Houston's violation of the terms and conditions of his probation, the Circuit Court of Lafayette County revoked his suspended sentence and ordered him to serve the original sentence of twelve years with four years suspended and eight years to serve. He was given credit, however, for the 127 days that he did serve. Houston filed a motion for post-conviction relief in the circuit court on December 19, 1996, seeking relief from the judgment ...


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