Brown v. State
| Docket Number: | 2003-CP-00139-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-27-2004 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 12-04-2002 Appealed from: Benton County Circuit Court Judge: Henry L. Lackey Disposition: POST-CONVICTION RELIEF DENIED District Attorney: James M. Hood, III Case Number: B2002-017 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Dennis Brown |
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 |
| Summary of the Facts: | Dennis Brown pled guilty to embezzlement and was sentenced to ten years with seven years suspended. After completing his sentence, he was placed on supervised probation. His probation was revoked after he failed to comply with probationary terms. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Brown argues that the total of three years incarceration, seven years suspended, and five years of supervised probation exceeded the maximum ten-year allowable sentence for the crime of embezzlement and was therefore illegal. Not only is this issue procedurally barred as having been raised for the first time on appeal, but time spent on probation is not included in the calculation of the maximum allowable sentence. Therefore, Brown’s sentence of three years to serve, seven years suspended, and five years of post release supervision is within the ten years allowable pursuant to statute. |
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