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Smothers v. State

February 25, 1999

CECIL SMOTHERS
v.
STATE OF MISSISSIPPI



Before Pittman, P.j., Banks And Mills, JJ.

The opinion of the court was delivered by: Pittman, Presiding Justice

DATE OF JUDGMENT: 03/02/1998

TRIAL JUDGE: HON. BARRY W. FORD

COURT FROM WHICH APPEALED: PONTOTOC COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF

DISPOSITION: AFFIRMED - 2/25/99

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

STATEMENT OF THE CASE

¶1. The facts in the instant case are undisputed. Cecil D. Smothers, (hereinafter Smothers) a fugitive from Justice, was arrested in Pontotoc County, Mississippi, on or about November 8, 1996, and charged with the offense of manufacturing marijuana. Mid-November 1996, prior to Disposition of this case, a fugitive warrant was filed for exclusive custody and control of Smothers by the Commonwealth of Kentucky, as Smothers had escaped from their custody while serving a sentence there. On November 20, 1996, Smothers signed a waiver of extradition to the Commonwealth of Kentucky. However, the State of Mississippi refused to relinquish jurisdiction of Smothers until Disposition of the charges pending against him in Pontotoc County.

¶2. On January 27, 1997, a final Disposition of Smothers' offenses was rendered. A sentence of twenty years was imposed with thirteen years suspended. This sentence was to run concurrently with any sentence in the Commonwealth of Kentucky. Thereafter, Smothers was returned to Kentucky and approximately two months later, a detainer was placed against Smothers by Mississippi authorities. Smothers is currently serving a sentence of nine years, with approximately twenty months served and will have to serve another sixteen months before becoming eligible for parole.

STANDARD OF REVIEW

¶3. This Court reviews questions of law with a de novo standard. Mauney v. State, 707 So.2d 1093 (Miss. 1998); Snapp v. Harrison, 699 So.2d 567, 569 (Miss. 1997) (citing Mississippi Farm Bureau Cas. Ins. Co. v. Curtis, 678 So.2d 983, 987 (Miss. 1996); Seymour v. Brunswick Corp., 655 So.2d 892, 895 (Miss. 1995)). The issue raised ...


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