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.

Gonzalez v. State

Court of Appeals of Mississippi

August 14, 2018

TOMMIE GONZALEZ JORDAN A/K/A TOMMIE JORDAN A/K/A TOMMIE G. JORDAN A/K/A TOMMIE GONZALES JORDAN APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 04/21/2017

          MONROE COUNTY CIRCUIT COURT HON. JAMES LAMAR ROBERTS JR. JUDGE.

          ATTORNEY FOR APPELLANT: TOMMIE GONZALEZ JORDAN (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS

          BEFORE GRIFFIS, P.J., BARNES AND GREENLEE, JJ.

          BARNES, J.

         ¶1. On September 16, 2008, Tommie Jordan pleaded guilty to burglary of a dwelling. The Monroe County Circuit Court sentenced him to twenty-five years, with five years to be served in the custody of the Mississippi Department of Corrections (MDOC), twenty years suspended, and five years of post-release supervision (PRS). He was also ordered to pay fines and restitution and to complete an adult basic-education program to obtain a general education degree (GED).

         ¶2. After Jordan violated several PRS conditions, the State filed a petition to revoke his PRS and impose Jordan's suspended sentence. A revocation hearing was held on February 28, 2011. Jordan was cited for the following violations: failure to report to his probation officer, possession of cocaine and paraphernalia, operation of a vehicle under the influence, operation of a vehicle with no drivers license, disorderly conduct, failure to comply, failure to use a turn signal, delinquency of fines, and the failure to obtain his GED. The trial court accepted the State's recommendation that Jordan be placed in MDOC custody for twenty years, but upon successful completion of a long-term drug and alcohol rehabilitation program, the remainder of Jordan's sentence would be suspended and he would be placed on five years of PRS.

         ¶3. Jordan completed his rehabilitation program and was again released to PRS, but he was later jailed for failure to pay court costs, fees, and restitution. Jordan also failed a drug test and did not notify his probation officer as to a change in residence. After a hearing on October 15, 2014, the trial court again revoked Jordan's sentence and, based on the State's recommendation, ordered Jordan to be placed in a technical violation center for ninety days. After serving the ninety days, the remainder of Jordan's sentence was to be suspended, and he was to serve five years of PRS.

         ¶4. When Jordan failed to report to his probation officer on several occasions, failed to register as a sex offender, and was arrested and charged with breaking and entering a dwelling and strong-arm robbery, the State filed a third petition for revocation. After a revocation hearing on October 16, 2016, the court revoked his suspended sentence and ordered Jordan to serve the remainder of his sentence (nineteen years) in MDOC custody.

         ¶5. On January 20, 2017, Jordan filed a motion for post-conviction relief (PCR), claiming the trial court erred in revoking his sentence because it was only his second technical violation; therefore, he argued he should have been sentenced to no more than 120 days in a technical violation center. See Miss. Code Ann. § 47-7-37(5)(a) (Rev. 2015). The trial court denied the motion, holding that the court "had authority to impose any and all of the sentence since it found that [Jordan] had committed a felony[.]" Jordan appeals the court's decision.

         ¶6. We find no merit to Jordan's claim and affirm the judgment.

         STANDARD OF REVIEW

         ¶7. In reviewing the denial of a PCR motion by a trial court, we "will only disturb the trial court's factual findings if they are clearly erroneous." Kennedy v. State, 179 So.3d 82, 83 (¶5) (Miss. Ct. App. 2015) (citing Doss v. State, 19 So.3d 690, 694 (ΒΆ5) ...


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.