Ausbon v. State
| Docket Number: | 2006-CP-00760-COA Linked Case(s): 2006-CP-00760-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-26-2007 Opinion Author: BARNES, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 04-18-2006 Appealed from: LEE COUNTY CIRCUIT COURT Judge: Thomas J. Gardner Disposition: POST-CONVICTION RELIEF DISMISSED. Case Number: CV 06-047(G)L |
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| Party Name: | Attorney Name: | |||
| Appellant: | LEWIS C. AUSBON, JR. |
LEWIS C. AUSBON, JR. (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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 |
| Summary of the Facts: | Lewis Ausbon, Jr. pled guilty to burglary of a dwelling and was sentenced to a twenty year suspended sentence. When he was convicted of another burglary, his suspended sentence was revoked. He was ordered to serve twelve years with the remaining eight years of his twenty-year sentence suspended, conditioned on his adherence to five years of post-release supervision. He appeals. |
| Summary of Opinion Analysis: | Ausbon argues that the circuit court did not have the authority to impose a suspended sentence when he was a convicted felon. There is no prejudice suffered when a defendant receives an illegally lenient sentence. Ausbon also argues that the twenty year sentence was exceeded by the court’s imposing, upon revocation, twelve years, eight years suspended, and five years’ post-release supervision. However, the five years’ post-release supervision does not count as part of the sentence. The remaining issues raised by Ausbon on appeal were not presented to the trial court and thus are procedurally barred. |
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