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Friday v. State

Court of Appeals of Mississippi

March 4, 2014

WARREN D. FRIDAY A/K/A WARREN FRIDAY A/K/A WARREN DOUGLAS FRIDAY, JR. A/K/A WARREN DOUG FRIDAY, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: LOWNDES COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 09/21/2012. TRIAL JUDGE: HON. LEE J. HOWARD. TRIAL COURT DISMISSED MOTION FOR POST-CONVICTION RELIEF.

DISPOSITION: AFFIRMED.

FOR APPELLANT: WARREN D. FRIDAY (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: ELLIOTT GEORGE FLAGGS.

BEFORE GRIFFIS, P.J., ISHEE AND CARLTON, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

OPINION

Page 19

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

CARLTON, J.

¶1. Warren Douglas Friday filed a post-conviction-relief (PCR) motion in the trial court, claiming his post-release supervision (PRS) was improperly revoked. He argued that he was denied due process at his revocation hearing and that the trial court lacked a sufficient basis to revoke his PRS. The trial court summarily dismissed the motion, finding that Friday received a proper revocation hearing and that Friday's aggravated-assault guilty plea and his domestic-violence conviction while on PRS provided sufficient grounds for revocation. We affirm.

¶2. On appeal, Friday also raises arguments challenging the validity of his aggravated-assault guilty plea. We will not address these arguments, as they are not properly before this Court in this appeal.

FACTS

¶3. On September 5, 2003, Friday pled guilty in the Lowndes County Circuit Court to two counts of felony auto theft. On Count I, he was sentenced to three years, followed by two years of PRS. On Count II, he was sentenced to two years, followed by three years of PRS. The sentences were ordered to run consecutively in the custody of the Mississippi Department of Corrections (MDOC), for a total of five years of incarceration and five years of PRS. One condition of Friday's PRS was that he " commit no offense against the laws of this or any other state . . . ." In 2009, while on PRS, Friday committed domestic violence and aggravated assault. Based on Friday's violations of the terms of his release, Friday's PRS was revoked on November 20, 2009, and he was ordered to serve the five-year revoked sentence in the custody of the MDOC. The revoked sentence was ordered to run consecutively to any other imposed sentences.

¶4. On May 7, 2012, Friday filed a PCR motion in the Lowndes County Circuit Court, arguing the following: (1) he did not receive a proper revocation hearing; (2) his guilty plea to aggravated assault was invalid because he did not " willfully" commit the crime; and (3) his guilty plea was not knowing and voluntary. The trial court addressed Friday's arguments in two separate orders since the first argument challenged a different criminal cause number. The first order, entered on September 24, 2012, addressed Friday's ...


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