Peterson v. State
| Docket Number: | 2006-CP-01436-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-14-2007 Opinion Author: IRVING, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence - Section 99-19-33 Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 07-20-2006 Appealed from: SUNFLOWER COUNTY CIRCUIT COURT Judge: W. Ashley Hines Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED. Case Number: 2006-0090-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | DERRICK PETERSON |
DERRICK PETERSON (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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 - Section 99-19-33 |
| Summary of the Facts: | Derrick Peterson pled guilty to uttering a forgery in the amount of $281 and was sentenced to eight years. Peterson filed a petition to vacate his sentence which the court denied. Peterson appeals. |
| Summary of Opinion Analysis: | Peterson argues that he should have been sentenced to “[six] months in the county jail, or $1,000.00 fine or both” pursuant to the version of section 97-21-33 in effect at the time of his sentencing. When a statute is amended before sentencing and provides for a lesser penalty, the lesser penalty must be imposed. Section 99-19-33 gives the trial judge the right to sentence one convicted of a crime after the law has been changed so as to permit a milder sentence before the conviction has become final. Peterson’s conviction became final ten days after December 1, 2003, the date on which he was sentenced. The amended version of section 97-21-33 became effective July 1, 2003. Therefore, Peterson was entitled to be sentenced under the amended version of section 97-21-33, inasmuch as it was amended before his conviction became final. However, the sentence that Peterson received was allowable under the amended version of section 97-21-33. |
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