McGleachie v. State
| Docket Number: | 2011-CP-00798-COA Linked Case(s): 2011-CP-00798-COA ; 2011-CT-00798-SCT |
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| Court of Appeals: |
Opinion Date: 11-20-2012 Opinion Author: Russell, J. Holding: The motion for rehearing is denied. |
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| Additional Case Information: |
Topic: Post-conviction relief - Reduction of fine - Section 41-29-139(b)(1) - Section 41-29-147 Nature of the Case: Motion for Rehearing |
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| Trial Court: |
Date of Trial Judgment: 05-13-2011 Appealed from: Washington County Circuit Court Case Number: 2010-0228-CI |
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| Party Name: | Attorney Name: | |||
| Appellant: | Danny McGleachie |
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| Appellee: | State of Mississippi |
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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 - Reduction of fine - Section 41-29-139(b)(1) - Section 41-29-147 |
| Summary of the Facts: | Danny McGleachie was convicted of possession of cocaine with intent to distribute. He was sentenced as a subsequent offender to sixty years and ordered to pay a fine of $6,000,000. His conviction was affirmed on appeal. The Mississippi Supreme Court granted McGleachie leave to proceed with his PCR motion in the circuit court, limited to the claim that the $6,000,000 fine was illegal. McGleachie filed a PCR motion, arguing that the $6,000,000 fine exceeded the maximum amount allowed by statute. The circuit court entered an order granting McGleachie’s PCR motion and reduced the fine from $6,000,000 to $2,000,000 in accordance with the applicable statute. McGleachie’s sixty-year sentence was left intact. McGleachie appeals. |
| Summary of Opinion Analysis: | McGleachie argues that the circuit court’s reduction of the fine imposed against him from $6,000,000 to $2,000,000 was not a big enough reduction. Sentencing is within the complete discretion of the trial court and is not subject to appellate review if it is within the limits prescribed by statute. McGleachie was fined $1,000,000, as allowed by section 41-29-139(b)(1), which was doubled under section 41-29-147 for a person convicted of a second or subsequent offense. Thus, the $2,000,000 fine was within the limits prescribed by statute. |
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