Mosley v. State
| Docket Number: | 2010-KA-01498-SCT Linked Case(s): 2010-KA-01498-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 09-27-2012 Opinion Author: Pierce, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine, Sale of methamphetamine & Sale of marijuana - Cruel and unusual punishment - Section 41-29-139 (b)(1) & (3) - Section 41-29-147 - Section 99-19-21 - Section 99-19-81 Judge(s) Concurring: Carlson, P.J., Randolph, Lamar, Chandler and King, JJ. Dissenting Author : Waller, C.J. Dissent Joined By : Dickinson, P.J., and Kitchens, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-24-2010 Appealed from: Choctaw County Circuit Court Judge: Joseph H. Loper Disposition: The Appellant was convicted of one count of selling cocaine, one count of selling methamphetamine, and one count of selling marijuana and sentenced to 126 years imprisonment without possiblility of parole or early release. District Attorney: Doug Evans Case Number: 2010-023-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | James Wayland Mosley a/k/a James W. Mosley a/k/a James Mosley a/k/a Jamie Mosley |
OFFICE OF INDIGENT APPEALS: ERIN ELIZABETH PRIDGEN
LESLIE S. LEE
GEORGE T. HOLMES |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE SCOTT STUART |
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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: | Sale of cocaine, Sale of methamphetamine & Sale of marijuana - Cruel and unusual punishment - Section 41-29-139 (b)(1) & (3) - Section 41-29-147 - Section 99-19-21 - Section 99-19-81 |
| Summary of the Facts: | James Mosley was convicted of one count of selling cocaine, one count of selling methamphetamine, and one count of selling marijuana (less than thirty grams). He was sentenced to a total of 126 years. He appeals. |
| Summary of Opinion Analysis: | Mosley argues that his 126-year sentence constitutes cruel and unusual punishment under the Eighth Amendment to the United States Constitution and should be evaluated under the proportionality analysis found in Solem v. Helm, 463 U.S. 277 (1983). Sentencing generally will not be disturbed on appeal as long as it does not it does not exceed the maximum term allowed by statute. The Court will apply the Solem test only when a threshold comparison of the crime committed to the sentence imposed leads to an inference of gross disproportionality. Because Mosley’s sentences clearly fall within the statutory limits, there is no inferential showing. Mosley was convicted of violating section 41-29-139 (b)(1) and (3). Subsection (b)(1) provides a maximum of thirty years, and subsection (b)(3) provides a maximum of three years. Proof was presented at Mosley’s sentencing hearing that Mosley was a habitual offender under section 99-19-81, which mandates the maximum sentence be given for a person convicted of a third felony. Because Mosley had at least one prior drug conviction, the trial court doubled each maximum sentence as authorized by section 41-29-147. In addition, the trial court ordered that each sentence run consecutively to one another pursuant to section 99-19-21. Therefore, the trial court did not abuse its discretion in sentencing Mosley to 126 years. |
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