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Bufkin v. King

Court of Appeals of Mississippi

June 3, 2014

DANNY BUFKIN, APPELLANT
v.
RONALD KING, ET AL., APPELLEES

COURT FROM WHICH APPEALED: GREENE COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 02/12/2013. TRIAL JUDGE: HON. DALE HARKEY. TRIAL COURT AFFIRMED THE DECISION OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS' ADMINISTRATIVE REMEDY PROGRAM.

FOR APPELLANT: DANNY BUFKIN (Pro se).

FOR APPELLEES: OFFICE OF THE ATTORNEY GENERAL, BY: ANTHONY LOUIS SCHMIDT JR.

BEFORE IRVING, P.J., BARNES AND FAIR, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., ISHEE, ROBERTS, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., CONCURS IN PART WITHOUT SEPARATE WRITTEN OPINION. CARLTON, J. NOT PARTICIPATING.

OPINION

Page 793

NATURE OF THE CASE: CIVIL - OTHER

BARNES, J.

ΒΆ1. Danny Bufkin was convicted by the Jasper County Circuit Court for possession of precursors with intent to distribute, and he was sentenced as follows:

Bufkin shall be sentenced to serve a term of Twelve (12) years in the direction, supervision and control of the Mississippi Department of Corrections. The defendant is ordered to successfully complete two (2) years in the Intensive Supervision Program as specified by [Mississippi Code Annotated sections] 47-5-1001 through 47-5-1015. Said sentence is conditioned upon the defendant agreeing to and complying with all conditions outlined in this Order and in the Intensive Supervision Agreement as provided by the Mississippi Department of Corrections.
IT IS FURTHER ORDERED AND ADJUDGED that after the defendant is released from the Intensive [S]upervision Program of the Mississippi Department of Corrections, the defendant shall be placed on Post-Release Supervision for a period of nine (9) years, five (5) years of which shall be supervised, pursuant to [Mississippi Code Annotated section] 47-7-34 and be subject to the

Page 794

conditions set forth in [Mississippi Code Annotated section] 47-7-35(1)(a)-(j).[1]
IT IS FURTHER ORDERED AND ADJUDGED that if the defendant fails to successfully complete the Intensive Supervision Program, the defendant will serve the full twelve (12) year sentence, and said sentence cannot be reduced or suspended[,] and that defendant is required to serve his said sentence without probation or parole.

Bufkin entered the Intensive Supervision Program (ISP) in March 2012. However, one month later, it was determined that Bufkin had violated the terms of the ISP. Specifically, alcohol was found in his home, and he was arrested for driving under the influence (DUI). As a result, the Mississippi Department of Corrections (MDOC) revoked his ISP status, and Bufkin was incarcerated to serve the remainder of his sentence. He is ...


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