"1 a F1 \l a IN THE CIRCUIT COURT OF HARRISON COUNTY, MISSISSIPPI SECOND JUDICIAL DISTRICT STATE OF MISSISSIPPI VERSUS CAUSE NO. ANNITA HUSBAND DEFENDANT TRANSCRIPT OF THE PROCEEDINGS HAD AND DONE IN THE REVOCATION OF THE ABOVE STYLED AND NUMBERED CAUSE, BEFORE THE HONORABLE ROGER T. CLARK, CIRCUIT COURT JUDGE OF THE SECOND CIRCUIT COURT DISTRICT OF THE STATE OF MISSISSIPPI, ON APRIL 28, 2015. APPEARANCES: Present and Representing the State: HONORABLE MARY ELIZABETH MCFADYEN Ass1stant D1str1ct Attorney Po Box 1444 B11ox1 MS 39533-1444 R. Miche11e Stewart, CCR - OfficiaT Court Reporter NJ a F1 \l a THE COURT: Before the Court is Cause Number -- State versus Annita Denise Husband. You're Ms. Husband? THE DEFENDANT: Yes, sir. THE COURT: Raise your right hand to take the oath, p1ease, ma'am. (OATH ADMINISTERED) THE DEFENDANT: I do. THE COURT: Ms. Husband, we're here today on your probation officer's petition to revoke your probation. Your fi1e indicates that you were in front of me back on no, you were in front of Judge Terry back on March the 10th of 2009 at which time you entered a p1ea of gui1ty to the charge of embezzTement, and he sentenced you to seven years, suspended it for time served and p1aced you on three years I mean, p1aced you on five years of reporting post-reTease supervision, and he ordered to you pay restitution for the embezzTement and restitution for the worth1ess check division a11 adding up to 13,000 some odd do11ars. Is a11 that correct? THE DEFENDANT: Yes, sir, your Honor. R. Miche11e Stewart, CCR - 0fficia1 Court Reporter 3 1 THE COURT: And then there was a 2 petition to revoke filed, and at a hearing on 3 January 18th of 2011, Judge John Gargiulo 4 revoked your post-release supervision and 5 sentenced you to seven years, five suspended 6 leaving two to serve on house arrest and 7 ordered to you pay the same fine and fees as 8 you had previously been ordered to pay. 9 that correct? 10 THE DEFENDANT: 11 THE COURT: 12 Is Yes, sir. You served two years on house arrest? 13 THE DEFENDANT: 14 THE COURT: Yes, sir, your Honor. According to the circuit 15 clerk's ledger, it appears that you have paid 16 $400 on your outstanding fines, fees, and 17 everything of 13,000 something dollars but 18 that was apparently paid in two payments back 19 in 2011. 20 December of 2011. You haven't paid anything since Is that correct? 21 THE DEFENDANT: 22 THE COURT: 23 THE DEFENDANT: Yes, sir, your Honor. Why not? At the time, your Honor, 24 I was working for a contractor job, and I was 25 paying on bills basically instead of paying R. Michelle Stewart, CCR - Official Court Reporter 4 1 bills. 2 the job. 3 where I went up a little bit on my yearly, 4 you know, making more. 5 already, I guess you say, not reported or 6 paid because I didn't have the money after I 7 had gotten fired. 8 Harrah's Casino. 9 10 Okay, the contract ran out. I lost Then I got a job at Harrah's Casino THE COURT: By then I had But now I do work at Now you what? THE DEFENDANT: Yes, sir. I have 11 someone calling in for me while I was in 12 here. 13 THE COURT: Your probation officer 14 charges that you last reported to the 15 probation office on November 14th of 2013. 16 THE DEFENDANT: Yes, sir, your Honor. 17 Southeast Cleaning lost the contract like 18 December of 2014. 19 like January of the beginning of the year of 20 '14 when I started working at Harrah's 21 Casino. 22 23 24 25 THE COURT: I was unemployed until But why didn't you report to the probation officer? THE DEFENDANT: Because I didn't have any money when I went on the 14th. I think R. Michelle Stewart, CCR - Official Court Reporter 5 1 her name was -- I can't think of the 2 probation officer's name. 3 her about reducing my payments and she said 4 we couldn't do that unless we go back in 5 front of the judge because, like I said 6 earlier, I was paying on bills instead of, 7 you know, paying bills, and so she was saying 8 I was in violation and I can go back, you 9 know, to jail for being in violation. I even talked to So I 10 was afraid, your Honor, because I was trying 11 to pay bills and, you know, abide by the law 12 because I had made a mistake and embezzled 13 money so I was afraid because I didn't have 14 the money to come in. 15 And even after I got the job at 16 Harrah's, I was still afraid because, you 17 know, I didn't know if I went in if they were 18 going to arrest me because I hadn't reported 19 because my income had went up, and I had, you 20 know, started making money to pay. 21 THE COURT: Well, they're certainly 22 going to arrest you if you don't report, but 23 I'm not aware of any time they have arrested 24 anybody for not paying what they owe. 25 just bring them back in front of me. They But R. Michelle Stewart, CCR - Official Court Reporter 6 1 that's no excuse for not reporting to your 2 probation officer where they can keep up with 3 you. 4 THE DEFENDANT: 5 THE COURT: Yes, sir. All right. Based on the 6 testimony of this defendant under oath, the 7 Court finds that she has violated the terms 8 and conditions of her post-release 9 supervision. 10 Did you make it through the two years of house arrest without -- 11 THE DEFENDANT: Yes, sir, your Honor, 12 and every month I was getting eviction notice 13 because I was concentrating on paying -- 14 trying to pay the house arrest and pay it 15 off. 16 making it because I was getting $8 an hour 20 17 hours a week. 18 assistance. 19 I was paying on bills. I was barely I wasn't on any kind of THE COURT: All right. I think I 20 started to say that she has violated by 21 failing to report to her probation officer as 22 required and by failing to pay the fine and 23 fees as ordered by the Court. 24 recommendation for the Court. 25 OFFICER LUNDY: Any I wouldn't be opposed to R. Michelle Stewart, CCR - Official Court Reporter 7 1 her going back on her original reporting 2 probation. 3 THE COURT: 4 OFFICER LUNDY: What now? I did not supervise her 5 prior, but we have no objection to her going 6 back. 7 MS. MCFADYEN: Your Honor, however, this 8 is her second revocation for exactly the same 9 thing, failure to report and failure to pay. 10 With that, the state would ask that she 11 complete a restitution center before being 12 eligible to be back on post-release. 13 THE COURT: All right. I'm not going to 14 revoke your probation, but I'm going to add a 15 special term and condition of that 16 post-release supervision and that is that you 17 attend and successfully complete the 18 restitution center program. 19 you will be brought back in front of me. 20 going to retain jurisdiction of your case. 21 All right. And I'm (END OF PROCEEDINGS) 22 23 24 25 R. Michelle Stewart, CCR - Official Court Reporter 8 1 2 STATE OF MISSISSIPPI COUNTY OF HARRISON CERTIFICATE OF COURT REPORTER 3 4 I, R. Michelle Stewart, CCR 1305, Official Court 5 Reporter for the Second Circuit Court District of the 6 State of Mississippi, do hereby certify that to 7 the best of my skill and ability I have prepared the 8 proceedings, which were reported by Patricia Bodin, 9 CCR, former Official Court Reporter for the Second 10 Circuit District, and do hereby certify that the 11 foregoing 7 pages constitute, to the best of my skill 12 and ability, a true and correct transcript of the 13 REVOCATION had on the 28 day of April, 2015, before the 14 Honorable ROGER T. CLARK, Circuit Court Judge of the 15 Second Circuit Court District of the State of 16 Mississippi, being a regular day in the April Term of 17 Harrison County Circuit Court at Biloxi. 18 herein. 19 I do further certify that my certificate annexed 20 hereto applies only to the original and certified 21 transcript and electronic disks. 22 23 24 25 WITNESS MY SIGNATURE, April 5, 2019. ______________________________________ R. MICHELLE STEWART, CCR 1305 Official Court Reporter R. Michelle Stewart, CCR - Official Court Reporter