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Boone v. State

Court of Appeals of Mississippi

February 25, 2014

ERIC JEROME BOONE A/K/A ERIC J. BOONE, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: FORREST COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 08/06/2012. TRIAL JUDGE: HON. ROBERT B. HELFRICH. TRIAL COURT DISPOSITION: MOTION FOR POST-CONVICTION RELIEF DISMISSED.

FOR APPELLANT: CYNTHIA ANN STEWART.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: W. GLENN WATTS.

BEFORE IRVING, P.J., ROBERTS AND JAMES, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. BARNES, J., CONCURS IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION.

OPINION

Page 378

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

JAMES, J.

¶1. Eric Jerome Boone filed a motion for post-conviction relief (PCR) in the Forrest County Circuit Court, arguing his post-release supervision was wrongfully revoked after he was deemed medically ineligible to work at the Hinds County Restitution Center. The trial court summarily dismissed the motion. We affirm.

FACTS

¶2. On October 30, 2006, Boone pled guilty to false pretense for forging a financial document, through which he was able to obtain $48,725.99 from SouthTrust Bank in Hattiesburg, Mississippi. He received a five-year suspended sentence, with credit for time served, and was ordered to pay $48,725.99 in restitution to SouthTrust Bank, a $1,000 fine, and $100 to the Mississippi Crime Victims' Compensation Fund. On the same day, Boone also pled guilty to forging a document for the purpose of entering a lease agreement. He was given a five-year suspended sentence, with credit for time served, and was ordered to pay restitution in an amount to be determined. The sentences were ordered to run consecutively.

¶3. In 2009, Boone violated the terms of his post-release supervision by driving under the influence and committing embezzlement in DeSoto County, Mississippi. On June 15, 2010, the trial court modified the terms of Boone's post-release supervision to include the completion of a restitution-center program. On August 30, 2011, after answering the embezzlement charges in DeSoto County, Boone entered the Hinds County Restitution Center. Before beginning the program, however, Boone informed officials that he had a hernia. He was examined and diagnosed with " an inguinal and ventral hernia." Because of his medical condition, he was deemed ineligible for the work program.

¶4. On September 7, 2011, the trial court issued a warrant for Boone's arrest based on his failure to enter the restitution-center program. On September 22, 2011, Boone's post-release supervision was revoked for his failure to participate in the restitution-center program. The trial court ordered that Boone be returned to the custody of the Mississippi Department of Corrections (MDOC) for five years. On April 12, 2011, Boone had filed a petition to clarify his original sentencing order, asserting that the restitution and fines imposed by the trial court were unclear and beyond the jurisdictional limits of justice court. The motion was not ruled on until February 21, 2012. Treating the petition as a PCR motion, the trial court dismissed the motion for lack of jurisdiction, since there was no indication that Boone had exhausted his administrative remedies through the MDOC for clarification of his sentence. See Miss. Code Ann. § 47-5-803(2) (Rev. 2011). Further, the trial court found that the sentencing order was clear, as evidenced by Boone's statement in his motion of the amounts owed and to whom the amounts were due. Finally, the trial court found that Boone's argument that the restitution exceeded the jurisdictional limits of justice court was without merit, as the matter was in circuit court.[1]

Page 379

¶5. On March 8, 2012, Boone filed a PCR motion, arguing that the trial court should have considered alternatives to imprisonment when revoking his post-release supervision, since he was unable to pay his fines due to a medical condition beyond his control. The trial court summarily ...


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