Stepp v. State
| Docket Number: | 2005-CP-02369-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-29-2007 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Sufficiency of indictment Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, 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: 11-17-2005 Appealed from: LOWNDES COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: POST-CONVICTION RELIEF DENIED. Case Number: 2005-0170-CV1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | XAVIER STEPP |
XAVIER STEPP (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 - Sufficiency of indictment |
| Summary of the Facts: | Xavier Stepp pled guilty to the sale of a controlled substance. The court sentenced him to ten years, followed by five years on post release supervision. Stepp filed a motion for post-conviction relief, which was denied. He appeals. |
| Summary of Opinion Analysis: | Stepp argues that the indictment was insufficient to charge him with a crime, because it did not give him sufficient notice of which drug crime he was being charged. Essentially, the indictment charged him with knowingly and intentionally selling cocaine in violation of section 41-29-139. This is sufficient to notify Stepp that he was charged with the crime of knowingly and intentionally selling a Schedule II controlled substance under subparagraph (a)(1) and that he could be sentenced under subparagraph (b)(1). |
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