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Swaim v. State

Court of Appeals of Mississippi

August 13, 2019

JAMES A. SWAIM A/K/A JAMES SWAIM A/K/A JAMES ALLEN SWAIM APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 05/08/2018

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

          ATTORNEY FOR APPELLANT: JAMES A. SWAIM (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART

          BEFORE J. WILSON, P.J., TINDELL AND LAWRENCE, JJ.

          LAWRENCE, J.

         ¶1. James Swaim filed a petition for post-conviction relief (PCR) after his parole was revoked under Mississippi Code Annotated section 47-7-27(5) (Rev. 2015). The circuit court summarily dismissed Swaim's PCR petition. Finding no error, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. On May 4, 2009, Swaim was charged with burglary. He pled guilty on October 11, 2010, and was sentenced to serve five years in the custody of the Mississippi Department of Corrections (MDOC) with three years suspended. On August 15, 2011, the State filed a petition to revoke Swaim's probation after Swaim was arrested in June 2011 for driving under the influence (DUI), leaving the scene of an accident, vehicle pursuit, reckless driving, and driving under suspension. On August 16, 2011, Swaim executed a waiver of his right to a preliminary probation-revocation hearing. On December 19, 2011, the court held a revocation hearing, and Swaim confessed that he had violated the terms of his probation. His probation was revoked, and he was sentenced to serve his original five years in the custody of the MDOC.[1]

         ¶3. On March 12, 2012, Swaim was charged with a DUI offense, which was a felony charge because of prior offenses (Count I). He was charged with another felony DUI offense in Count II. The court later passed the charge in Count I to the files. On March 4, 2013, Swaim pled guilty to the charge in Count II and was sentenced to serve five years (with three years suspended), leaving Swaim with two years left to serve, followed by three years of post-release supervision. The court set the sentence to run consecutively with Swaim's October 2010 sentence.

         ¶4. On April 4, 2014, Swaim was charged with a DUI offense, which was a felony charge because of prior offenses (Count I). He was also charged with another felony DUI offense in Count II. The court later passed the charge in Count I to the files. Swaim pled guilty to the charge in Count II on May 18, 2015. On October 19, 2015, he was sentenced to serve thirty months in the custody of the MDOC without eligibility of parole or probation. Consequently, on November 30, 2015, his parole was revoked from his March 2013 sentence pursuant to Mississippi Code Annotated section 47-7-27(5) (Rev. 2015).[2]

         ¶5. On October 7, 2016, Swaim was arrested on another DUI charge. The State subsequently filed a petition to revoke Swaim's post-release supervision from his March 2013 sentence. Following a hearing, the court revoked Swaim's post-release supervision, and he was sentenced to his original term of five years (with credit for two years served), leaving three years to serve before serving his October 2015 sentence.

         ¶6. On August 8, 2017, Swaim filed a PCR petition. He filed an amended PCR petition on October 5, 2017, and a second amended PCR petition on November 1, 2017. After review, the circuit court dismissed Swaim's second amended PCR petition. Swaim appeals pro se.

         STANDARD ...


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