Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hobson v. State

Court of Appeals of Mississippi

March 28, 2017

TIMOTHY T. HOBSON A/K/A TIMOTHY HOBSON A/K/A TIMOTHY TERRELL HOBSON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 02/03/2016

         RANKIN COUNTY CIRCUIT COURT HON. WILLIAM E. CHAPMAN III, Judge

          ATTORNEY FOR APPELLANT: TIMOTHY T. HOBSON (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALICIA MARIE AINSWORTH

          BEFORE LEE, C.J., BARNES AND FAIR, JJ.

          BARNES, J.

         ¶1. Timothy Hobson, appearing pro se, appeals the Rankin County Circuit Court's dismissal of his motion for post-conviction relief (PCR), which was filed after his probation was revoked for failure to report to his probation officer. He was sentenced to serve the full twelve years of his suspended sentence. Claiming the applicability of Mississippi Code Annotated section 47-7-37 (Rev. 2015), Hobson argues that the circuit court erred in the imposition of his suspended sentence, as this was his first technical violation of probation. Finding no error, however, we affirm.

         STATEMENT OF FACTS AND PROCEDURAL HISTORY

         ¶2. In August 2006, Hobson was indicted in the Rankin County Circuit Court for one count of possession of cocaine and considered subject to enhanced punishment as a second or subsequent offender under the Uniform Controlled Substances Law. In January 2009, Hobson pleaded guilty to the charge and was sentenced to serve sixteen years in the custody of the Mississippi Department of Corrections (MDOC), with four years to serve, five years of supervised post-release supervision, and seven years of unsupervised post-release supervision.

         ¶3. In June 2013, Hobson's probation field supervisor filed a petition to revoke Hobson's probation because Hobson had failed to report since April 2013, and had failed to pay fees and court costs. An accompanying affidavit and warrant for Hobson's arrest were also filed. Over two years later, on September 15, 2015, Hobson's field supervisor filed a petition to dismiss the 2013 arrest warrant and revocation petition because Hobson had not been located and arrested within thirty days of the warrant's validity, nor had the revocation hearing occurred within thirty days of the warrant's issuance, as required by statute.[1] The circuit court granted the petitions, and on the same day the field officer filed a new petition for revocation, an affidavit, and an arrest warrant for the same probation violations of failure to report since April 2013, and failure to pay fees and court costs. On September 18, 2015, copies of the revocation petition and order setting a revocation hearing with Hobson's signature were filed, indicating he was in custody on that date. At the revocation hearing on September 28, 2015, the circuit court found Hobson in violation of the terms and conditions of his post-release supervision due to failure to report since April 2013, and revoked his probation.

         ¶4. In January 2016, Hobson filed a PCR motion to set aside and vacate his sentence and the revocation of his post-release supervision. Hobson argued that failure to report is considered a "technical violation" under House Bill 585, passed into law on July 1, 2014.[2]Hobson also argued that his post-release supervision was illegal because it exceeded five years under section 47-7-37(1). The circuit court dismissed Hobson's PCR motion as time-barred and without merit. Hobson timely appealed.

         STANDARD OF REVIEW

         ¶5. When an appellate court reviews the circuit court's dismissal of a PCR motion, it "will not disturb the trial court's factual findings unless they are found to be clearly erroneous." Davis v. State, 141 So.3d 948, 950 (ΒΆ7) (Miss. Ct. App. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.