Alston v. State
| Docket Number: | 2002-CA-00560-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-01-2003 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Waiver - Proportionality of sentence - Cruel and unusual punishment Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 03-05-2002 Appealed from: Choctaw County Circuit Court Judge: Clarence E. Morgan, III Disposition: PETITION FOR POST-CONVICTION RELIEF DENIED District Attorney: Doug Evans Case Number: 2002-0013-CV-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jason Alston |
K. ELIZABETH DAVIS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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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 - Waiver - Proportionality of sentence - Cruel and unusual punishment |
| Summary of the Facts: | Jason Alston entered a guilty plea to the charge of burglary of a dwelling. He was sentenced to sixteen years with fourteen to serve and two years' post-release supervision. He filed a petition for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Waiver Alston argues that the court erred in holding that Alston, by entering a plea of guilty, waived his right to object to the proportionality of his sentence. By pleading guilty, a defendant waives the right to a jury trial, the right to confront one's accusers, and the privilege against self-incrimination. Although the right to be free of cruel and unusual punishment is not among the rights waived, the statement that Alston had waived that right does not constitute reversible error since the Eighth Amendment does not contain a guarantee of proportionality. Issue 2: Cruel and unusual punishment Alston argues that his sentence is so excessive as to constitute cruel and unusual punishment. Alston must meet the threshold requirement of showing the sentence imposed is grossly disproportionate to the crime charged. The crime of burglary of a dwelling carries a maximum imprisonment penalty of twenty-five years. Alston suggests no argument as to why his sentence is inappropriate for the crime of burglary. |
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