Calhoun v. State
| Docket Number: | 2002-KA-01679-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-27-2004 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Armed robbery - Sufficiency of indictment - Section 97-3-79 - Cruel and unusual punishment Judge(s) Concurring: Bridges and Southwick, P.JJ., Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-27-2002 Appealed from: Madison County Circuit Court Judge: Samac Richardson Disposition: CONVICTED OF ARMED ROBBERY AND SENTENCED TO FORTY YEARS IN THE CUSTODY OF THE MDOC District Attorney: Rick Mitchell Case Number: 2001-0223 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Cedric T. Calhoun |
SHARON D. HENDERSON |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Armed robbery - Sufficiency of indictment - Section 97-3-79 - Cruel and unusual punishment |
| Summary of the Facts: | Cedric Calhoun was convicted of armed robbery. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of indictment Calhoun argues that the indictment was insufficient, because it does not address the element of specific intent. Use of the word “feloniously” contained in the indictment under which Calhoun was charged was sufficient to allege the necessary element of intent. In addition, the indictment under which Calhoun was charged tracked the language of section 97-3-79. Calhoun also argues that the indictment charged him with the lesser crime of attempted armed robbery. The language in the indictment tracks the statute, in that the crime of armed robbery is complete at the attempt. It is irrelevant that the indictment only stated that Calhoun “attempted to take” because according to the statute, a person can be convicted of armed robbery while attempting to complete the act. Issue 2: Cruel and unusual punishment Calhoun failed to object to his sentence either at the time the sentence was imposed, or in a post-trial motion, and such a failure acts as a procedural bar. In addition, Calhoun was sentenced pursuant section 97-3-79 under which the judge had the authority to impose any sentence but life imprisonment. Therefore, Calhoun’s sentence of forty years did not constitute cruel and inhuman treatment. |
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