Smith v. State

766 So. 2d 50, 2000 Miss. App. LEXIS 334, 2000 WL 980037
CourtCourt of Appeals of Mississippi
DecidedJuly 18, 2000
DocketNo. 1999-CA-00330-COA
StatusPublished
Cited by1 cases

This text of 766 So. 2d 50 (Smith v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. State, 766 So. 2d 50, 2000 Miss. App. LEXIS 334, 2000 WL 980037 (Mich. Ct. App. 2000).

Opinion

MOORE, J.,

for the Court:

¶ 1. On December 2, 1997, in the Circuit Court of Forrest County, Mississippi, appellant Charlie L. Smith, Jr. pled guilty to the crime of manslaughter. Smith was sentenced to ten years in the Mississippi Department of Corrections with two years to serve on the Intensive Supervision Program/House Arrest and eight years suspended upon successful completion of the Regimented Inmate Discipline Program with five years suspended on written order of probation, and to pay restitution in the amount of $200 per month for a period of sixty months to the victim’s family. While on the Intensive Supervision Program/House Arrest, Smith violated a rule of the program and was thereby arrested and placed in the actual custody of the MDOC to complete his original ten year sentence. Smith challenged this transfer by filing a motion to vacate transfer order and sentence, which was denied by the circuit court after an evidentiary hearing. It is from this denial that appellant Smith appeals, presenting the following issues for review:

I. THE MISSISSIPPI DEPARTMENT OF CORRECTIONS VIOLAT[52]*52ED STATUTORY LAW IN REMOVING CHARLIE L. SMITH, JR. FROM THE INTENSIVE SUPERVISION PROGRAM.
II. THE TRIAL COURT LACKED JURISDICTION TO REMOVE CHARLIE L. SMITH, JR. FROM THE INTENSIVE SUPERVISION PROGRAM.
III. THE TRIAL COURT ERRED IN OVERRULING THE MOTION TO VACATE TRANSFER ORDER AND SENTENCE.

Having reviewed the assignments of error, this Court affirms.

STATEMENT OF THE FACTS

¶ 2. Upon Smith’s guilty plea to the manslaughter charge, entered on December 2, 1997, the Circuit Court of Forrest County, Mississippi sentenced Smith to ten years in the Mississippi Department of Corrections with two years to serve on the Intensive Supervision Program/House Arrest and eight years suspended upon successful completion of the Regimented Inmate Discipline Program, with five years suspended on written order of probation, and to pay restitution in the amount of $200 per month for a period of sixty months to the victim’s family. The sentencing order stated further that should Smith fail to qualify, be accepted, and/or fail to successfully complete the Intensive Supervision Program/House Arrest, the MDOC may, without further order of the Circuit Court of Forrest County, Mississippi, place Smith in any MDOC facility deemed appropriate to complete his original ten year sentence.

¶ 3. After Smith successfully completed the Regimented Inmate Discipline Program on or about August 18, 1998, he was released from confinement at the MDOC with two years to serve on the Intensive Supervision Program/House Arrest, with the remaining eight years of the original ten year sentence suspended. The probation and restitution portion of the sentence remained the same. A few months later, a MDOC Rule Violation Report was filled out on Smith concerning a violation of the house arrest program rules. The report was dated October 28, 1998, and stated that on that date a urine sample was taken from Smith for a routine urinalysis. The report explained that this sample was tested on November 3, 1998, testing positive for cannabinoids, which is a violation of the Intensive Supervision Program/House Arrest agreement and rules. On November 4, 1998, Smith’s supervising field officer was informed of these results, and Smith was arrested and placed in the Forrest County Regional Jail pending the completion of revocation proceedings.

¶ 4. In its November 9, 1998 order, the Forrest County Circuit Court stated that “having been advised by the MDOC that the Defendant has failed to complete the Intensive Supervision Program and the Court hereby approves the MDOC’s placement of the Defendant in whatever facility deemed appropriate.... ”

¶ 5. On November 11, 1998, Smith obtained his own, independent urine sample from Puckett Laboratory in'Hattiesburg, Mississippi which tested negative for can-nabinoids.

¶ 6. The earlier mentioned Rule Violation Report also recorded the particulars concerning the hearing held in front of the MDOC disciplinary committee. The report lists all the details of this hearing, including the finding that Smith was guilty of said violation. This record of the MDOC hearing was dated November 24, 1998. On November 25, 1998, Smith was notified by the MDOC of his right to appeal this decision. In a letter dated December 9, 1998, Smith gave notice of his appeal to the MDOC, using his independent drug test and the disparity in test results as the basis. After review of the Rule Violation Hearing Appeal, the MDOC found that the disciplinary committee had made the proper decision and found no merit in Smith’s appeal.

[53]*53¶7. Smith filed his motion to vacate transfer order and sentence in the Forrest County Circuit Court on December 8, 1998, contending that he should be allowed to remain in the Intensive Supervision Program/House Arrest. On January 20, 1999, after holding an evidentiary hearing on the matter, the circuit court denied Smith’s motion. From this denial, appellant Smith filed this appeal. •

LAW AND ANALYSIS

I. DID THE MISSISSIPPI DEPARTMENT OF CORRECTIONS VIOLATE STATUTORY LAW IN REMOVING CHARLIE L. SMITH, JR. FROM THE INTENSIVE SUPERVISION PROGRAM?

¶ 8. This assignment of error is founded on the general idea that the MDOC did not follow the requirements, as established by Miss.Code Ann. § 47-5-1003(3), in removing Smith from the house arrest program and placing him into the general prison population to complete his original ten year sentence. Smith contends that since the MDOC did not follow these specific requirements, the removal is void, and he should be placed back on the house arrest program. This Court does not agree.

¶ 9. Appellant Smith is absolutely correct in stating that Miss.Code Ann. § 47-5-1003 governs situations concerning the Intensive Supervision Program/House Arrest, and that subsection (3) specifically governs situations where there has been a violation of the program, as in the present case. Smith is also correct in quoting the applicable portion of the statutory subsection as follows:

Such offender is under the full and complete jurisdiction of the department and subject to removal from the program by the classification committee.

Miss.Code Ann. § 47-5-1003(3) (emphasis added). From this Smith argues that since the statute states removal is determined by the classification committee, and all records of Smith’s MDOC hearing reflect that his violation incident was heard by the disciplinary committee, the MDOC failed to follow statutory requirements. Smith argues, without citing any authority, that the disciplinary committee is a separate entity within the MDOC without the authority to remove him from the program, thereby making the removal void. In making this conclusion, Smith is incorrect.

¶ 10. First, as stated, Smith cites no authority to defend his contention that the disciplinary committee lacks the authority to hold such hearings and remove offenders from the program.

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Related

Miller v. State
804 So. 2d 1062 (Court of Appeals of Mississippi, 2001)

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Bluebook (online)
766 So. 2d 50, 2000 Miss. App. LEXIS 334, 2000 WL 980037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-missctapp-2000.