Martin v. State
| Docket Number: | 2006-KP-00919-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-24-2007 Opinion Author: CARLTON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary of dwelling - Section 99-35-101 - Illegal sentence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-26-2006 Appealed from: LEE COUNTY CIRCUIT COURT Judge: Thomas J. Gardner Disposition: CONVICTED OF BURGLARY OF DWELLING, SENTENCED TO TWENTY-FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, PAY A FINE OF $1,000 AND $300 IN RESTITUTION Case Number: CR06-182 |
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| Party Name: | Attorney Name: | |||
| Appellant: | MILTON LEE MARTIN A/K/A ICEBURG |
MILTON LEE MARTIN (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: | Burglary of dwelling - Section 99-35-101 - Illegal sentence |
| Summary of the Facts: | Milton Martin was indicted as a habitual offender for the crime of burglary of a dwelling and petit larceny. Martin filed a pro se “Memorandum of Law For Petition For Writ of Habeas Corpus.” While Martin’s habeas corpus pleading was still pending, Martin withdrew his plea of not guilty and entered a guilty plea. In exchange for Martin’s guilty plea, the State retired the habitual portion of Martin’s indictment and recommended a sentence of twenty-five years imprisonment. A three justice panel of the Mississippi Supreme Court, aware that Martin had entered a guilty plea, entered an order directing the Lee County Circuit Court to treat Martin’s habeas corpus pleading as a notice of appeal. The circuit court granted Martin leave to appeal in forma pauperis, but held that Martin was not entitled to appointed appellate counsel. |
| Summary of Opinion Analysis: | Martin’s conviction was a result of a guilty plea, not a jury trial. Convictions as a result of a guilty plea are prohibited under section 99-35-101 from being directly appealed to an appellate court. The only claim raised by Martin that can be considered on direct appeal is the legality of his sentence. Martin was sentenced to twenty-five years imprisonment for the crime of burglary of a dwelling. That crime carries a maximum sentence of twenty-five years. The sentence Martin received does not exceed the statutory maximum sentence allowed and is therefore legal. |
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