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Case: 25CO1:16-cr-00226-MVP

Document #: 2

Filed: 08/02/2016

Page 1 of 3

IN THE COUNTY COURT OF THE FIRST JUDICIAL DISTRICT


OF HINDS COUNTY, MISSISSIPPI
STATE OF MISSISSIPPI
VS.

CAUSE NUMBER

16-226

KELLEN GULLEY

MOTION FOR REVOCATION OF BOND


COMES NOW the State of Mississippi, by and through the District Attorney in and for the
Seventh Circuit Court District thereof, and moves the Court for an Order Revoking the Bond of the
above-named Defendant in the above-styled and numbered cause and in support of said Motion
would show the following, to-wit:
1. On or about January 27, 2016, Defendant Kellen Gulley was arrested by the Clinton Police
Department and charged with Aggravated Assault, Shooting into an Occupied Dwelling, Possession
of Marijuana with intent to distribute as well as another drug offense. Thereafter, he transferred his
case to the County Court of Hinds County. He waived his Preliminary Hearing and bonded out on
those charges on March 10, 2016. His charges were bound over to the Hinds County Grand Jury
awaiting further action. See Exhibit A (Court Order) and Exhibit B (Jail Release Report).
2. While out on bond, he was arrested on or about July 30, 2016 by the Clinton Police Department
(CPD case number 16-16831) and charged with Possession of a felony amount of Marijuana with
the intent to distribute, enhanced by possession of a firearm; Possession of a Schedule II narcotic
(cocaine) with the intent to distribute, enhanced by possession of a firearm; Possession of a Schedule
V narcotic (Promethazine); Possession of Paraphrenalia (digital scales) and disobeying a Police
Officer. The next day, on July 31, 2016, he bonded out on all charges through the Clinton Municipal
Court posting a total bond amount of Twenty Six Thousand Six Hundred and Ninety Eight Dollars

Case: 25CO1:16-cr-00226-MVP

Document #: 2

Filed: 08/02/2016

Page 2 of 3

($26,698.00) and was released from jail. By posting bond, he foregave his right to a preliminary
hearing and the felony charges are bound over to the Hinds County Grand Jury awaiting action. See
UCCCR 6.05.
3. The felony charges that arose from his January 27, 2016 arrest are punishable by a term of
imprisonment of more than one (1) year in a penitentiary or other state correctional facility. The
Aggravated Assault, by itself, is punishable by up to Twenty (20) years in the custody of the MDOC.
See MCA 97-3-7(2)(a). As such, the first requirement of Article 3, Section 29 of the Mississippi
Constitution has been met as the offense to which he bonded out on carries more than the one (1)
year term. See Article 3, 29 (2).
4. That while out on bail on the aforesaid charges, on July 30, 2016, this defendant committed, inter
alia, the felony offense of Possession of a Schedule II narcotic (cocaine) with the intent to distribute.
This crime carries a penalty of Eight (8) years in the custody of the MDOC. Because the charge
includes an enhancement that the Defendant was also in possession of a firearm, the potential
penalty doubles to Sixteen (16) years. Moreover, the Marijuana charges would add an additional
penalty of Ten (10) years. Needless to say, the second requirement of Article 3, Section 29 (2)(a)
of the Mississippi Constitution has been met as the offenses to which he has been bound over on
carry more than a five (5) year term. See Article 3, 29 (2).
5. That the State of Mississippi feels that justice can only be served by said Defendant's bond in
16-226 being revoked pursuant to Article 3, Section 29, Mississippi Constitution, and that the
defendant should be held in custody pending trial on that charge.

Case: 25CO1:16-cr-00226-MVP

Document #: 2

Filed: 08/02/2016

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Respectfully submitted,
/s/ Randy Harris
Assistant District Attorney

CERTIFICATE OF SERVICE
I, Randy Harris, do hereby certify that I have this day filed this pursuant to the MEC and
a true copy of this Motion For Revocation of Bond has been delivered to Hon. Graham P. Carner
through the MEC and other means.
This is August 2, 2016.

/s/ Randy Harris

Case: 25CO1:16-cr-00226-MVP

Document #: 2-1

Filed: 08/02/2016

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