Alexander v. State
| Docket Number: | 2006-CP-01176-COA Linked Case(s): 2006-CP-01176-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-13-2007 Opinion Author: ISHEE, J. Holding: Dismissal |
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| Additional Case Information: |
Topic: Sale of cocaine - Jurisdiction - Section 99-39-5 - Excessive sentence - Section 41-29-139(b)(1) Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES AND CARLTON, JJ. Concurs in Result Only: IRVING AND ROBERTS, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 06-14-2006 Appealed from: Claiborne County Circuit Court Judge: Lamar Pickard Disposition: MOTION TO RECONSIDER DENIED. |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | FREDERICK ALEXANDER |
FREDERICK ALEXANDER (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY | ||
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 - Jurisdiction - Section 99-39-5 - Excessive sentence - Section 41-29-139(b)(1) |
| Summary of the Facts: | Frederick Alexander was convicted of unlawful sale of cocaine and was sentenced to thirty years. He appeals. |
| Summary of Opinion Analysis: | Alexander argues that the court erred in denying Alexander’s motion to reconsider where the court imposed the maximum sentence of thirty years upon him, as a first offender, without dictating or providing justification for such action. Alexander’s challenge to his sentencing qualifies as a post-conviction proceeding under the Post-Conviction Collateral Relief Act, and therefore, should have been brought in accordance with section 99-39-5. Because Alexander is not directly appealing his conviction nor proceeding under the Post-Conviction Relief Act, this appeal is not properly before the Court. With regard to his excessive sentencing argument, section 41-29-139(b)(1) does grant an exception to first-time offenders, but this exception is limited to those who sell small amounts of marijuana. Alexander was not charged with selling marijuana but rather cocaine, for which no exception is available. |
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