Miller v. State
| Docket Number: | 2002-CP-02066-COA Linked Case(s): *2002-cp-02066* ; 2002-CP-02066-COA ; 2002-CT-02066-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-08-2004 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence - Ex post facto violation Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Myers and Griffis, JJ. Concurs in Result Only: Irving, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 11-19-2002 Appealed from: Lauderdale County Circuit Court Judge: Larry Eugene Roberts Disposition: DENIED District Attorney: Bilbo Mitchell Case Number: 02-CV-193(R) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Chantantie Miller |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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: | Post-conviction relief - Illegal sentence - Ex post facto violation |
| Summary of the Facts: | Chantantie Miller pled guilty to aggravated assault and was sentenced to twenty years, with twenty years suspended and five years' probation. She later was indicted on five counts of uttering a forgery. The court revoked Miller’s probation and ordered that she serve her previous aggravated assault sentence of twenty years. Miller filed a motion for post-conviction relief which the court denied. She appeals. |
| Summary of Opinion Analysis: | Miller argues that her sentence is excessive and that her plea bargain and twenty-year sentence for aggravated assault is in conflict with the Mississippi Supreme Court’s holding in Goss v. State, 721 So. 2d 144, 147 (Miss. 1998). However, Goss was overruled in Carter v. State, 754 So. 2d 1207, 1209-10 (Miss. 2000), where the Mississippi Supreme Court held that a period of probation is not considered when calculating whether the sentence exceeds the statutory maximum. Miller argues that because her case was interpreted under section 47-7-33 (as opposed to section 47-7-37), Carter is inapplicable and its application would constitute an ex post facto law violation. Miller was a first time offender who was convicted of aggravated assault and sentenced to serve twenty years, with twenty years suspended and five years' probation. The sentence was proper under section 97-3-7, which was construed consistent with the court’s holding in Carter. Accordingly, Miller’s ex post facto assertion is without merit. |
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