McLeod v. State
| Docket Number: | 2006-CP-00261-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-13-2007 Opinion Author: CARLTON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES ISHEE AND ROBERTS, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 02-06-2006 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DISMISSED Case Number: CI-03-0171 & CI-104-0105 |
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| Party Name: | Attorney Name: | |||
| Appellant: | RILEY HAMPTON MCLEOD |
RILEY HAMPTON MCLEOD (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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: | In 1971, Riley McLeod entered a guilty plea to two charges of robbery with a deadly weapon. He was sentenced to life in prison on each conviction. McLeod escaped from custody in 1972 and was not back in the custody of the State for some twenty-seven years. McLeod has filed multiple motions since his return to prison. He now appeals from the circuit court’s denial of his motion for post-conviction relief. |
| Summary of Opinion Analysis: | McLeod argues that both of his sentences are illegal, because the statute under which he was punished did not authorize a judge to sentence him to life in prison. Under the effective statutory language at the time McLeod was convicted and sentenced, a life sentence was within the discretion of the trial court if a jury failed to fix a sentence of death. McLeod, by entering his guilty plea, wholly avoided the possibility of a jury fixing a sentence of death. Upon McLeod’s conviction the trial judge had the statutory discretion to issue a sentence of a minimum three-year’s imprisonment to a maximum of life imprisonment. |
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