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Evans v. State

Court of Appeals of Mississippi

February 13, 2018

CURTIS C. EVANS A/K/A CURTIS CHRISHAUN EVANS A/K/A CURTIS EVANS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 02/15/2017

         TRIAL JUDGE: HON. CHRISTOPHER LOUIS SCHMIDT HARRISON COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT

          ATTORNEY FOR APPELLANT: CURTIS C. EVANS (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: KATY TAYLOR

          BEFORE GRIFFIS, P.J., WESTBROOKS AND TINDELL, JJ.

          WESTBROOKS, J.

         FOR THE COURT:

         ¶1. Curtis Chrishaun Evans, appearing pro se, appeals the Harrison County Circuit Court's dismissal of his motion for postconviction relief (PCR). Finding no error, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. In November 2001, Evans was indicted on one count of armed robbery and one count of burglary by a Harrison County grand jury. Evans pleaded guilty to the charges in 2002. On the armed-robbery count, he was sentenced to sixteen years in the custody of the Mississippi Department of Corrections (MDOC), with eight years suspended and eight years to serve, followed by three years of postrelease supervision (PRS). On the burglary count, he was sentenced to seven years to run concurrently with count one.

         ¶3. In April 2010, Evans was arrested for robbery and indecent exposure while on PRS. After a revocation hearing, [1] Evans's PRS was revoked, and he was sentenced to serve his original sentence in the custody of the MDOC.

         ¶4. In 2013, Evans filed his first PCR motion and alleged the following:

[that] the trial court illegally revoked his PRS; that he was denied assistance of counsel at the revocation hearing; that the evidence against him was not disclosed at the hearing; that he was not given the opportunity to present witnesses and documentary evidence; and that he was not ...

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