Ford v. State
| Docket Number: | 2002-KA-00728-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-29-2003 Opinion Author: Thomas, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of controlled substance - Cruel and unusual punishment - Section 41-29-139 Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Guilty Plea Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-29-2002 Appealed from: Lamar County Circuit Court Judge: R. I. Prichard, III Disposition: COUNT II - POSSESSION OF A SCHEDULED II CONTROLLED SUBSTANCE, SENTENCED TO SERVE A TERM OF EIGHT YEARS WITH TWO SUSPENDED IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO RUN CONSECUTIVELY TO THE SENTENCE NOW BEING SERVED IN FEDERAL CUSTODY, AND TO PAY A FINE OF $20,000. District Attorney: Claiborne McDonald Case Number: 2000K-703P |
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| Party Name: | Attorney Name: | |||
| Appellant: | Glenn Allen Ford |
LESLIE D. ROUSSELL |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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| Topic: | Possession of controlled substance - Cruel and unusual punishment - Section 41-29-139 |
| Summary of the Facts: | Glenn Ford pled guilty to possession of a controlled substance, methamphetamine, and was sentenced to eight years with two suspended and to pay a $20,000 fine. He appeals. |
| Summary of Opinion Analysis: | Ford argues that his sentence amounts to cruel and unusual punishment and that it is disproportionate to similarly situated defendants in the same circuit court district as well as in the rest of the State of Mississippi. A sentence cannot be disturbed on appeal so long as it does not exceed the maximum term allowed by statute. Section 41-29-139 provides penalties for possession of controlled substances including methamphetamine and states that anyone convicted of possession of more than one-tenth gram but less than two grams shall be sentenced to imprisonment for not less than two years nor more than eight years and fined not more than $50,000. Ford's sentence is well within the maximum limits set by statute. In addition, the record contains no information regarding the sentences of other similarly situated defendants, either in Lamar County or in the State of Mississippi. |
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