JAMES A. SWAIM A/K/A JAMES SWAIM A/K/A JAMES ALLEN SWAIM APPELLANT
STATE OF MISSISSIPPI APPELLEE
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:
J. WILSON, P.J., TINDELL AND LAWRENCE, JJ.
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after his parole was revoked under Mississippi Code Annotated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
AND PROCEDURAL HISTORY
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 His probation was revoked, and he was sentenced to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
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.
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 Consequently, on November 30, 2015, his parole was
revoked from his March 2013 sentence pursuant to Mississippi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).
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.
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.