Mississippi Code

Miss. Code Ann. § 47-7-33 (2024)

Power of court to suspend sentence and place defendant on probation; notice to Department of Corrections; support payments

✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
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Codes, 1942, § 4004-23; Laws, 1956, ch. 262, § 10; Laws, 1958, ch. 242; Laws, 1976, ch. 440, § 88; reenacted, Laws, 1981, ch. 465, § 106; reenacted, Laws, 1984, ch. 471, § 116; reenacted, Laws, 1986, ch. 413, § 116; Laws, 2000, ch. 622, § 2, eff. 7/1/2000.

Amended by Laws, 2014, ch. 457, HB 585, 10, eff. 7/1/2014.


Notes of Decisions
Cited in 86 cases (4 in the last 5 years), 1986–2025 · leading case: Robinson v. State, 836 So. 2d 747 (Miss. 2002).
Robinson v. State, 836 So. 2d 747 (Miss. 2002). · cites it 11× “However, I part company with the majority when it finds that the trial judge in this case did not impose an illegal sentence, under our current case law interpreting Miss.Code Ann. § 47-7-33. On the other hand, with the utmost deference and respect for my distinguished…”
Johnson v. State, 925 So. 2d 86 (Miss. 2006). · cites it 3× “Miss.Code Ann. § 47-7-33: ¶ 9. We begin our analysis by outlining the confusion that has arisen in our jurisprudence regarding a judge's authority to suspend a sentence, or to suspend a sentence and place a defendant on supervised probation.”
Carter v. State, 754 So. 2d 1207 (Miss. 2000). · cites it 4× “" There, this Court distinguished the differences between probation and parole, as follows: There is a distinction between release on probation by the circuit or county courts, Miss.Code Ann. § 47-7-33 (1972) and release on parole by the State Parole Board.”
Arnett v. State, 532 So. 2d 1003 (Miss. 1988). · cites it 2× “§ 47-7-33 (1972), which states in pertinent part: When it appears to the satisfaction of any circuit court or county court in the state of Mississippi, having original jurisdiction over criminal actions, or to the judge thereof, that the ends of justice and the best interest of…”
Goss v. State, 721 So. 2d 144 (Miss. 1998). · cites it 2× “The court denied this motion stating that it had not placed Goss, a convicted felon, on supervised probation as prohibited by Miss.Code Ann. § 47-7-33. Goss now appeals the decision of the lower court.”
Berry v. State, 722 So. 2d 706 (Miss. 1998). · cites it 2× “The State filed a motion on February 20, 1997, to re-sentence Berry in accordance with Miss.Code Ann. § 47-7-33, because the court has no authority to render a suspended sentence when the defendant has already been convicted of a felony.”
Artis v. State, 643 So. 2d 533 (Miss. 1994). · cites it 2× “In placing any defendant on probation, the court, or judge, shall direct that the defendant be under the supervision of the department of corrections.”
Hamin Shaheed v. State of Mississippi, 205 So. 3d 1105 (Miss. Ct. App. 2016). “” Miss. Code Ann. § 47-7-33 (1) (Rev. 2015) (emphasis added).”
Robinson v. State, 585 So. 2d 757 (Miss. 1991). · cites it 2× “The sentencing judge had authority to suspend sentence and place Robinson on probation under the provisions of Miss. Code Ann. § 47-7-33 (1972) " except where the defendant has been convicted of a felony.”
Tunstall v. State, 767 So. 2d 167 (Miss. 1999). · cites it 3× “On November 22, 1996, Tunstall filed an unsuccessful motion for post-conviction relief ["PCR"] arguing he was not placed on probation in the manner required by Miss.Code Ann. § 47-7-33. See Tunstall, I.”
Butler v. State, 544 So. 2d 816 (Miss. 1989). “Under Miss. Code Ann. § 47-7-33 (Supp. 1988) any circuit court or county court which has original jurisdiction over a criminal action has authority to "suspend the imposition or execution of sentence, and place the defendant on probation as herein provided, .”
Brunson v. State, 796 So. 2d 284 (Miss. Ct. App. 2001). · cites it 2× “In looking to Miss.Code Ann. § 47-7-33 (Supp.2000), we point out that the lower court should have never offered this probation to Brunson at all.”
Miss. Code Ann. § 47-7-33(1): 17 cases
Johnson v. State, 925 So. 2d 86 (Miss. 2006). “Miss.Code Ann. § 47-7-33: ¶ 9. We begin our analysis by outlining the confusion that has arisen in our jurisprudence regarding a judge's authority to suspend a sentence, or to suspend a sentence and place a defendant on supervised probation.”
Adams v. State, 954 So. 2d 1051 (Miss. Ct. App. 2007).
Clark v. State, 858 So. 2d 882 (Miss. Ct. App. 2003).
Watts v. State, 1 So. 3d 886 (Miss. Ct. App. 2008).
Antonio Williams v. State of Mississippi, 158 So. 3d 309 (Miss. 2015).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.