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Atwell v. State4/22/2003
at he violated his probation." Therefore, whatever ground was the one to which Atwell confessed, that was an adequate basis for revocation.
. Finally, Atwell claims that he was not given benefit of counsel at his revocation hearing. He claims as an indigent, he was entitled to a court-appointed lawyer. The lower court found Atwell did not request counsel, a finding Atwell vehemently denies.
. Atwell applied to the supreme court for appointment of counsel for assistance with this appeal. There is nothing to indicate that he ever requested counsel for the revocation hearing. Even had Atwell done so, there is usually no right to counsel at that stage of criminal proceedings. Riely v. State, 562 So. 2d 1206, 1209 (Miss. 1990). The probationer has the right to counsel at a revocation hearing only if the issues are complex and the case difficult to develop. Id. Given the straightforward nature of the case, appointment of counsel was not needed.
4. Denial of bail pending appeal
. Finally, Atwell claims that he was constitutionally entitled to bail during this appeal. A defendant appealing from his original conviction may petition for bail while his appeal is under review. Miss. Code Ann. § 99-35-115 (Rev. 2000). Atwell is not pursuing a direct appeal of his conviction, but review of the denial of post-conviction relief. Bail is not permitted for such prisoners. Miss. Code Ann. § 99-39-25(4) (Rev. 2000).
. THE JUDGMENT OF THE CIRCUIT COURT OF HARRISON COUNTY DENYING POST-CONVICTION RELIEF IS AFFIRMED. ALL COSTS OF THE APPEAL ARE ASSESSED TO HARRISON COUNTY.
McMILLIN, C.J., KING, P.J., BRIDGES, THOMAS, LEE, IRVING, MYERS, CHANDLER AND GRIFFIS, JJ., CONCUR.
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