Edge v. State
| Docket Number: | 2005-KP-00883-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-02-2007 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary of occupied dwelling - Disproportionate sentence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Non Participating Judge(s): CARLTON, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-16-2004 Appealed from: Itawamba County Circuit Court Judge: Sharion R. Aycock Disposition: CONVICTED OF BURGLARY OF OCCUPIED DWELLING AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH TEN YEARS SUSPENDED AND FIVE YEARS OF POSTRELEASE SUPERVISION, PAY $1,035 RESTITUTION AND FINE OF $1,000. District Attorney: JOHN RICHARD YOUNG Case Number: CR03-101 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JAMES RAY EDGE, JR. A/K/A BUDDY |
JAMES RAY EDGE, JR. (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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| Topic: | Burglary of occupied dwelling - Disproportionate sentence |
| Summary of the Facts: | James Edge, Jr. pled guilty to burglary of an occupied dwelling. He was sentenced to twenty years, with ten years to be suspended and five years post-release probation. Edge filed a motion to reconsider sentence which was denied. He appeals. |
| Summary of Opinion Analysis: | The State argues that Edge may not directly appeal a conviction imposed pursuant to an open plea of guilt. An appeal from a sentence imposed pursuant to a guilty plea is not equivalent to an appeal from the guilty plea itself. Therefore, the State’s motion to dismiss for lack of jurisdiction is overruled. The State argues that Edge’s proper remedy is to seek post-conviction relief. Post-conviction relief is a procedure limited to review of matters which in practical reality, could not or should not have been raised at trial or on direct appeal. The purpose of such proceedings is to present to the trial court facts not known at the time of judgment. Thus, Edge’s direct appeal challenging the length of his sentence is appropriate. Edge argues that the sentence imposed is disproportionate to the gravity of the crime, because he broke into his wife’s home solely to protect his child from harm. 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. The record shows that Edge understood his guilty plea and that he was aware of the maximum and minimum lengths of the sentence. Before the sentencing hearing, the State offered Edge a sentence recommendation of fifteen years, which he rejected. Due to the seriousness of Edge’s crime of burglary, the sentence is not grossly disproportionate to the crime. |
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