NATHANIEL ANTHONY JACKSON, JR. A/K/A NATHANIEL JACKSON, JR., APPELLANT
STATE OF MISSISSIPPI, APPELLEE
COURT FROM WHICH APPEALED: STONE COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 01/07/2013. TRIAL JUDGE: HON. ROGER T. CLARK. TRIAL COURT DENIED MOTION FOR POST-CONVICTION RELIEF.
NATHANIEL ANTHONY JACKSON JR., APPELLANT, Pro se.
FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: SCOTT STUART.
BEFORE IRVING, P.J., CARLTON AND MAXWELL, JJ. LEE, C.J., GRIFFIS, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.
NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF
¶1. On October 4, 2010, the Stone County Circuit Court revoked Nathaniel Anthony Jackson Jr.'s suspended sentence based upon his commission of new crimes. On February 15, 2012, Jackson filed a motion to reinstate his suspended sentence. The circuit court construed Jackson's motion as one requesting post-conviction relief (PCR) and denied the motion. Feeling aggrieved, Jackson appeals and argues that the circuit court erred in revoking his suspended sentence because the court did not have jurisdiction to conduct the revocation hearing and because the State did not meet its burden of proof at the revocation hearing.
¶2. Finding no error, we affirm.
¶3. On January 8, 2007, Jackson pleaded guilty to the transfer of a controlled substance. The circuit court sentenced Jackson to fifteen years in the custody of the Mississippi Department of Corrections (MDOC), with fifteen years suspended upon successful completion of the Regimented Inmate Discipline (RID) program, followed by three years of probation. Jackson successfully completed the RID program, and on October 11, 2007, the circuit court instituted Jackson's promised sentence--fifteen years in the custody of MDOC, with fifteen years suspended and three years of probation, in addition to the payment of fines and fees.
¶4. Jackson's probation officer filed a petition to revoke Jackson's probation on July 9, 2008. At a hearing held on July 28, 2008, the circuit court found that Jackson had violated the terms and conditions of his probation. Instead of revoking Jackson's probation, the court ordered Jackson to complete drug and alcohol treatment at Live Oaks, which Jackson completed on September 29, 2008. The court re-instituted Jackson's original sentence of fifteen years in the custody of MDOC, with fifteen years suspended and three years of probation.
¶5. Jackson's probation officer filed a second petition to revoke Jackson's probation on July 27, 2010. The probation officer alleged that Jackson had violated the terms and conditions of his probation in the following manner:
CONDITION " A" - FAILURE TO OBEY THE LAW: To wit, Jackson was arrested on June 2nd, 2010[,] by the Stone/Wiggins Narcotics Task Force for Possession with Intent to ...