Turner v. State
| Docket Number: | 2003-CP-00831-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-29-2004 Opinion Author: Myers, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Expungement - Section 99-15-26 - Section 99-15-57 Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Lee, Irving, Chandler and Griffis, JJ. Non Participating Judge(s): Thomas, J. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
|
| Trial Court: |
Date of Trial Judgment: 04-07-2003 Appealed from: Pike County Circuit Court Judge: Keith Starrett Disposition: PETITION FOR EXPUNGEMENT - DENIED Case Number: 03-062-KA |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Johnny Turner |
PRO SE |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
|
|
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. |
|
| Topic: | Expungement - Section 99-15-26 - Section 99-15-57 |
| Summary of the Facts: | Johnny Turner pled guilty to two counts of burglary in 1984. He received a four year suspended sentence and was placed on probation for five years. In 2003, Turner filed a petition for expungement which was denied. Turner appeals. |
| Summary of Opinion Analysis: | Under section 99-15-26, a circuit or county court has the power to expunge a felony conviction pursuant to a guilty plea under certain conditions. It is an extraordinary provision that allows circuit or county court judges in limited circumstances to receive a criminal defendant’s guilty plea, but withhold acceptance of the plea, and defer sentencing. If the defendant successfully completes certain court-imposed conditions, the cause against him is dismissed and the case closed. Section 99-15-57 allows a circuit or county judge, in his discretion, to expunge the criminal records of criminal defendants who pled guilty six months prior to the effective date of section 99-15-26 and who would have otherwise been eligible for relief under section 99-15-26. Turner admits that he does not qualify for expungement under these statutes, but he says he was unaware of the fact that he was eligible for non-adjudication pursuant to section 99-15-26 at the time he pled guilty. A conditional dismissal under section 99-15-26 is a matter of legislative grace, and it is granted in the first instance at the discretion of the court. Therefore, the court did not err in denying Turner’s petition for expungement. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
