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Fluker v. State

Court of Appeals of Mississippi

June 17, 2014

PATRICK FLUKER A/K/A PATRICK DANTRE FLUKER A/K/A PATRICK D. FLUKER, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: FORREST COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 03/26/2013. TRIAL JUDGE: HON. ROBERT B. HELFRICH. TRIAL COURT DISPOSITION: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DENIED.

FOR APPELLANT: PATRICK FLUKER (Pro se).

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

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

OPINION

Page 518

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

GRIFFIS, P.J.:

[¶1] Patrick Fluker appeals the dismissal of his motion for post-conviction collateral relief (PCCR). Fluker argues that the trial court lacked the authority to revoke his post-release supervision and that his claim is not subject to the procedural time-bar. We find no error and affirm.

FACTS

[¶2] Fluker was indicted for armed robbery. On December 17, 2003, Fluker pled guilty to one count of robbery, pursuant to Mississippi Code Annotated section 97-3-73 (Rev. 2006). Fluker was then sentenced to the maximum term of fifteen years in the custody of the Mississippi Department of Corrections (" MDOC" ), with three years to serve, twelve years suspended, and four years of post-release supervision (" PRS" ).

[¶3] Fluker was incarcerated until March 14, 2005. He was then placed on earned-release supervision (" ERS" ). Fluker received an ERS discharge certificate

Page 519

on April 18, 2005, and he was officially released from MDOC custody on April 23, 2005. This completed his time to serve with MDOC, and his four-year term of PRS began.

[¶4] He was arrested again on May 5, 2005. He was charged with armed robbery and felon in possession of a weapon. The State sought to revoke his PRS and reimpose his suspended sentence of twelve years. On June 23, 2005, the trial court found that he had violated the terms of his PRS, and his suspended sentence was revoked. The trial court ordered him to serve the ...


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