McMinn v. State
| Docket Number: | 2002-CA-01939-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-09-2004 Opinion Author: Thomas, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Excessive sentence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
|
| Trial Court: |
Date of Trial Judgment: 04-18-2002 Appealed from: Hinds County Circuit Court Judge: L. Breland Hilburn Disposition: POST-CONVICTION RELIEF - DENIED District Attorney: Eleanor Faye Peterson Case Number: 251-01-1029CIV |
|
| Party Name: | Attorney Name: | |||
| Appellant: | John McMinn |
ROBERT S. MINK |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
|
|
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: | Post-conviction relief - Excessive sentence |
| Summary of the Facts: | John McMinn pled guilty to one count of sale and one count of conspiracy and was sentenced to two ten-year concurrent sentences to be followed by two concurrent terms of post-release supervision of two and four years respectively. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | McMinn argues that his sentence of two concurrent ten year terms is excessive and greater than other similarly situated defendants in Hinds County. McMinn could have received up to thirty years for the sale of methamphetamine and up to twenty years for his conviction of conspiracy. His sentence is only one-fifth of the maximum allowed by law. Because the sentences were well within statutory limits, they will not be disturbed. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
