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Turner v. State

Court of Appeals of Mississippi

January 20, 2015

TIM TURNER A/K/A TIMOTHY TURNER, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 10/08/2013.

COURT FROM WHICH APPEALED: ITAWAMBA COUNTY CIRCUIT COURT, HON. JAMES SETH ANDREW POUNDS, TRIAL JUDGE.

TIM TURNER, APPELLANT, Pro se.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: BILLY L. GORE.

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

OPINION

Page 878

BARNES, J.

[¶1] Tim Turner, appearing pro se, appeals the Itawamba County Circuit Court's denial of his petition for post-conviction relief (PCR). In his petition, he claimed the trial court improperly revoked his post-release supervision, reinstating twenty years of his original thirty-year sentence after he tested positive for cocaine. Finding no error, we affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

[¶2] In September 2011, Turner entered a guilty plea in the Circuit Court of Itawamba County for the sale of cocaine. The trial judge sentenced Turner to thirty years in the custody of the Mississippi Department of Corrections (MDOC), with twenty-eight years suspended followed by five years of post-release supervision. Turner received credit for two years he served while awaiting the disposition of his case; thus, at his plea hearing he was released from incarceration on post-release supervision. The judge also imposed a mandatory $5,000 fine, with $4,000 suspended, as well as fines of $100 to the Mississippi Crime Victims' Compensation Fund, $250 to the North Mississippi Narcotics Unit, and all costs of the case.

[¶3] In December 2011, the State filed its first petition to revoke Turner's post-release supervision and impose the suspended sentence. At the revocation hearing, the trial judge found that Turner had, among other violations, " failed to report, failed to abstain from illegal drugs, failed to pay fines and restitution, and failed to avoid persons of harmful character." Giving Turner another chance, the trial judge modified Turner's post-release supervision, ordering him to enter and complete an inpatient drug rehabilitation program at Region III Chemical Dependency Service in Tupelo, Mississippi.

[¶4] On March 3, 2012, Region III performed a routine urine drug test after Turner returned from a three-hour pass. His urine tested positive for cocaine. On March 15, 2012, Turner was discharged from Region III due to the failed drug test. In response, the State filed another petition to revoke Turner's post-release supervision.

Page 879

On March 21, Turner's daughter retained an attorney for him. Turner requested his attorney implement an additional hair-follicle drug test on him, because he contended the urine sample taken by Region III was not his urine. However, the hair-follicle test, which was ...


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