Fluker v. State

ISHEE, J.,

for the Court.

¶ 1. Patrick Fluker filed a pro se motion for post-conviction relief in the Circuit Court of Forrest County. The circuit court summarily dismissed Fluker’s motion in a memorandum and order filed on June 5, 2007. Aggrieved, Fluker appeals asserting that his sentence illegally exceeded the statutory maximum under Mississippi Code Annotated section 97-3-73 (Rev.2006), and therefore, it was illegal for the circuit court to institute and then revoke his post-release supervision. Fluker also argues that he should receive credit toward his jail time for the time he spent on…