White v. State
| Docket Number: | 2006-KA-00244-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-12-2007 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Weight of evidence - Disproportionate sentence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-19-2005 Appealed from: LINCOLN COUNTY CIRCUIT COURT Judge: Michael M. Taylor Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH TEN YEARS TO SERVE, FIVE YEARS SUSPENDED AND FIVE YEARS’ POST-RELEASE SUPERVISION, TO PAY A FINE OF $2,500 AND TO PAY $4,639.81 IN RESTITUTION TO THE CRIME VICTIMS’ COMPENSATION FUND. District Attorney: Dee Bates Case Number: 05-50 |
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| Party Name: | Attorney Name: | |||
| Appellant: | LUCRETIA ANTOINETTE WHITE |
ROSS R. BARNETT |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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: | Aggravated assault - Weight of evidence - Disproportionate sentence |
| Summary of the Facts: | Lucretia White was found guilty of aggravated assault and was sentenced to fifteen years, with ten years to serve and five years suspended. She appeals. |
| Summary of Opinion Analysis: | Issue 1: Weight of evidence White argues that the evidence does not support a conviction for aggravated assault because there were no eyewitnesses to prove what exactly happened between White and the victim and no one actually saw White with a weapon. Seven witnesses testified on behalf of the State during its case-in-chief, including a friend of White’s, who testified about inculpatory statements made by White, and the victim. On the record, the weight of the evidence presented by the State supported the jury's verdict. Issue 2: Disproportionate sentence White argues that the court mandated an unduly harsh sentence that does not pass constitutional muster. As a general rule, sentencing is within the trial court’s discretion and will not be disturbed on appeal if the sentence is within the term provided by statute. White’s sentence is not grossly disproportionate to the crime committed. The fifteen-year sentence, with ten to serve and five years of post-release supervision, was well within the statutory guidelines. |
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