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.

O'Neal v. State

Court of Appeals of Mississippi

April 2, 2019

JOE O'NEAL A/K/A JOE WESLEY O'NEAL A/K/A JOE W. O'NEAL APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 04/10/2018

          TISHOMINGO COUNTY CIRCUIT COURT TRIAL JUDGE: HON. JAMES SETH ANDREW POUNDS

          ATTORNEY FOR APPELLANT: JOE O'NEAL (PRO SE)

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

          BEFORE CARLTON, P.J., TINDELL AND McDONALD, JJ.

          CARLTON, P.J.

         ¶1. Joe O'Neal pleaded guilty to aggravated assault and, by an order dated May 28, 2009, O'Neal was sentenced to twenty years in the custody of the Mississippi Department of Corrections (MDOC), with twelve months' credit for time served and the remaining nineteen years suspended, pending O'Neal's good behavior. The sentencing order further provided that O'Neal "shall be placed under [post-release supervision (PRS)] upon the release from the term of incarceration for a period of [five] years." At the request of O'Neal's MDOC field officer, O'Neal was discharged from his PRS on January 20, 2011, based upon his good behavior.

         ¶2. In September 2011, O'Neal was indicted for a second aggravated assault charge. Based upon this new charge, on October 20, 2011, the trial court revoked O'Neal's suspended sentence relating to his first aggravated assault conviction and sentenced O'Neal to serve nineteen years in the custody of the MDOC (the October 20, 2011 revocation order). O'Neal pleaded guilty to his second aggravated assault charge, and the trial court sentenced O'Neal to serve twenty years in the custody of the MDOC, sixteen years suspended, and five years of PRS, to run consecutively to the first aggravated assault sentence.

         ¶3. O'Neal filed a motion for post-conviction relief (PCR) challenging the legality of the nineteen-year sentence imposed under the trial court's October 20, 2011 revocation order entered on his first aggravated assault conviction. The trial court found that this was O'Neal's third PCR motion and was therefore a successive writ. The trial court further found that O'Neal failed to demonstrate that he met any exception to the successive-writ procedural bar.

         ¶4. In his pro se appeal, O'Neal seeks reversal of the trial court's dismissal of his third PCR motion, asserting that (1) reinstatement of the entire nineteen-year suspended sentence was illegal because he was not given credit for his PRS time; and (2) reinstatement of his nineteen-year sentence constituted double jeopardy. We affirm the trial court's dismissal of O'Neal's third PCR motion for the reasons addressed below.

         STATEMENT OF FACTS AND PROCEDURAL HISTORY

         ¶5. On November 12, 2008, O'Neal pleaded guilty to aggravated assault in Tishomingo County Circuit Court, cause number CR08-103. On May 28, 2009, O'Neal was sentenced to twenty years in the custody of MDOC, with twelve months' credit for time served, [1]nineteen years "suspended pending [O'Neal's] future good behavior and [that] he violate no city, county, state or federal laws," and five years of PRS. On January 20, 2011, an MDOC field officer petitioned the trial court to terminate O'Neal's PRS due to O'Neal's good behavior. The court granted the motion and terminated O'Neal's PRS on the same date.

         ¶6. In September 2011, O'Neal was indicted on a second aggravated assault charge in cause number CR11-148.[2] For this reason, on October 20, 2011, the trial court revoked O'Neal's suspended sentence in cause number CR08-103 and sentenced O'Neal to serve nineteen years in the custody of the MDOC. O'Neal pleaded guilty to his second aggravated assault charge in cause number CR11-148, and on January 10, 2012, the trial court sentenced O'Neal to twenty years in the custody of the MDOC, with sixteen years suspended and five years of PRS. The trial court further ordered that this sentence was to run consecutively to the sentence imposed in CR08-103.

         ¶7. On June 15, 2017, O'Neal filed a PCR motion challenging the validity of the sentence imposed under the October 20, 2011 revocation order entered on his first aggravated assault charge in cause number CR08-103. The trial court ...


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.