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Jones v. State

Court of Appeals of Mississippi

October 9, 2018

DAHNE JONES A/K/A DAHNE C. JONES A/K/A DAHNE CHRISTOPHER JONES APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 06/14/2017

          COURT FROM WHICH APPEALED: JACKSON COUNTY CIRCUIT COURT, TRIAL JUDGE: HON. KATHY KING JACKSON

          ATTORNEY FOR APPELLANT: DAHNE JONES (PRO SE)

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

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

          LEE, C.J.,

         ¶1. In this appeal, we must determine if Dahne Jones's postrelease supervision (PRS) was properly revoked. Finding no error, we affirm.

         PROCEDURAL HISTORY

         ¶2. In 2001, Jones pleaded guilty to robbery. The Jackson County Circuit Court sentenced him to ten years in the custody of the Mississippi Department of Corrections (MDOC), with four years to serve and six years of PRS. In July 2004, Jones was released on PRS. In April 2005, a show-cause order was issued summoning Jones to appear in court regarding his failure to pay fines, court costs, and restitution as previously ordered. Jones did not appear, and a bench warrant was issued in May 2005 stating that Jones was in contempt of court.

         ¶3. On August 15, 2005, an MDOC corrections officer submitted an affidavit detailing nine PRS violations committed by Jones, including two positive drug tests, failure to report, and failure to pay fines. That same day, the trial court issued an arrest warrant for Jones based upon these violations. Jones was not apprehended at that time for reasons unknown.

         ¶4. Over the next two years, Jones committed several crimes in Alabama. Ultimately, he was sentenced to a lengthy prison term for these crimes. After being released on parole in Alabama on August 2, 2016, the MDOC brought Jones to Mississippi based upon the 2005 arrest warrant.

         ¶5. Jones received a waiver of his right to a preliminary revocation hearing, but he refused to sign the waiver. The waiver listed all nine of Jones's PRS violations. Jones also received notice from the MDOC regarding a probation-revocation hearing scheduled for August 31, 2016. Jones refused to sign that he received the letter.

         ¶6. During the revocation hearing, two parole officers testified regarding Jones's PRS violations. Based upon the evidence presented, the trial court revoked Jones's PRS and ordered him to serve the remainder of his sentence.

         ¶7. Jones filed a motion for postconviction relief (PCR), which the trial court denied. He now appeals, asserting the following issues that we have condensed for clarity: (1) the trial court did not have jurisdiction to revoke his PRS; (2) he did not receive notice of his PRS violations; (3) he was denied a preliminary revocation hearing; (4) his counsel ...


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