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)
- (1) 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 the public, as well as the defendant, will be served thereby, such court, in termtime or in vacation, shall have the power, after conviction or a plea of guilty, except in a case where a death sentence or life imprisonment is the maximum penalty which may be imposed, to suspend the imposition or execution of sentence, and place the defendant on probation as herein provided, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant shall have begun to serve such sentence. In placing any defendant on probation, the court, or judge, shall direct that such defendant be under the supervision of the Department of Corrections.
- (2) When any circuit or county court places an offender on probation, the court shall give notice to the Mississippi Department of Corrections within fifteen (15) days of the court's decision to place the offender on probation. Notice shall be delivered to the central office of the Mississippi Department of Corrections and to the regional office of the department which will be providing supervision to the offender on probation.
- (3) When any circuit court or county court places a person on probation in accordance with the provisions of this section and that person is ordered to make any payments to his family, if any member of his family whom he is ordered to support is receiving public assistance through the State Department of Human Services, the court shall order him to make such payments to the county welfare officer of the county rendering public assistance to his family, for the sole use and benefit of said family.
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). “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). “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). “" 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). “§ 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). “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). “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). “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). “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). “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). “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).
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