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Sanford v. State

Court of Appeals of Mississippi, En Banc

August 27, 2013

BRIDGETTE M. SANFORD A/K/A BRIDGETTE MICHELLE SANFORD APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

DATE OF JUDGMENT: 02/03/2011

DISPOSITION: REVERSED AND REMANDED – 08/07/2012

MOTION FOR REHEARING FILED: 09/18/2012:

DESOTO COUNTY CIRCUIT COURT HON. ROBERT P. CHAMBERLIN TRIAL JUDGE

ATTORNEY FOR APPELLANT: BRIDGETTE M. SANFORD (PRO SE)

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS

IRVING, P.J.

¶1. The case is before us on a motion for rehearing; the motion is denied, and the original opinion is withdrawn and substituted with this opinion.

¶2. On December 15, 2008, the DeSoto County Circuit Court revoked Bridgette M. Sanford's post-release supervision (PRS) based on her commission of new crimes and her failure to pay fines and court costs. On November 24, 2010, Sanford filed a motion for post-conviction relief (PCR), which the circuit court dismissed. Feeling aggrieved, Sanford appeals and raises several issues. However, Sanford's issues all relate to the central issue of whether the circuit court erred in revoking her PRS.

FACTS

¶3. On September 3, 2004, Sanford pleaded guilty to uttering a forgery in Cause No. 2004-666RD. The circuit court sentenced Sanford to eight years to serve and seven years of non-reporting PRS. Sanford later filed a PCR motion, which is not the subject of this appeal, arguing that her sentence w as illegal. The circuit court entered an amended sentencing order, reducing the period of PRS from seven years to two years of non-reporting PRS.[1]

¶4. On September 20, 2004, Sanford pleaded guilty to uttering a forgery in Cause Nos. 2004-706RD, 2004-721RD, and 2004-731RD. For each cause number, the circuit court sentenced Sanford to three years of PRS, non-reporting, but it did not impose a period of incarceration. The circuit court ordered the PRS for the conviction in each of these cause numbers to run consecutively to each other and to the sentence imposed in Cause No. 2004-666RD.

ΒΆ5. Sanford was released from custody on June 28, 2007. On June 24, 2008, Sanford committed new crimes, conspiracy to sell and selling counterfeit instruments. In response, the circuit court revoked Sanford's two years of PRS in Cause No. 2004-666RD. Additionally, the court revoked Sanford's PRS in Cause Nos. 2004-706RD, 2004-721RD, and 2004-731RD. The court ordered Sanford to serve three years for Cause No. 2004-706RD, three years for Cause No. 2004-731RD, and one day for Cause No. 2004-721RD. The circuit court ordered the sentences to ...


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