Sellars v. State
| Docket Number: | 2006-CP-00812-COA Linked Case(s): 2006-CP-00812-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-24-2007 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Disproportionate sentence Judge(s) Concurring: KING, C.J., MYERS, P.J., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Concurs in Result Only: IRVING, J. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 04-11-2006 Appealed from: Clay County Circuit Court Judge: Lee J. Howard Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2005-0123 |
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| Party Name: | Attorney Name: | |||
| Appellant: | JOEY SELLARS |
JOEY SELLARS (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. DANIEL HINCHCLIFF |
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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 - Disproportionate sentence |
| Summary of the Facts: | Joey Sellars pled guilty to the manufacture of methamphetamine and was sentenced to twenty-two years. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Sellars argues that his sentence is grossly disproportionate to the crime, because he was a first time offender and other similarly situated defendants have received lesser sentences. The general rule in Mississippi is that a sentence that does not exceed the maximum term allowed by the statute cannot be disturbed on appeal. Sellars received less than the maximum sentence of thirty years for manufacturing methamphetamine. Sellars also argues that his sentence should be overturned because the trial court did not state specific reasons for the sentence imposed. It is apparent from the record that the trial court gave reasons and used its discretion in determining Sellars’s sentence. Sellars argues that the trial court wrongly took retired counts into consideration in sentencing him. No evidence exists in the record that the trial court used the retired counts to enhance his sentence. |
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