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Pickett v. State

11/24/1999

on v. State, 735 So.2d 290 (Miss. 1999). In that case the Court held that where a sentence is suspended and no probationary period is described, a probationary period may be implied to be the statutory maximum of five years as stipulated in Miss. Code Ann. § 47-7-37. Accord, Tunstall v. State, No. 1998-CA-01325-SCT, 1999 WL 1042924 (Miss. Nov. 18, 1999). Pickett's sentence was revoked within this time limit.


. Furthermore, it has been found by this Court that the courts may revoke all or part of a defendant's suspended sentence or probation if the defendant violates the conditions of his suspended sentence or probation. Artis v. State, 643 So.2d 533, 537 (Miss. 1994). Accord, Tunstall v. State, supra. In the instant case, Pickett's suspended sentence was conditioned upon his future good behavior. Pickett knew this condition, and Pickett's commission of numerous subsequent crimes during his parole and probationary period clearly shows a violation of that condition. Consequently, the judgment of the Circuit Court of Panola County dismissing Pickett's petition is affirmed.


. AFFIRMED.


PRATHER, C.J., SULLIVAN, P.J., BANKS, SMITH, MILLS, WALLER AND COBB, JJ., CONCUR. McRAE, J., CONCURS IN RESULT ONLY.




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