Braziel v. Bailey, et al.
| Docket Number: | 2001-CP-01359-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-28-2003 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Eligibility for parole - Section 47-7-3 (1)(b) - Earned time allowance - Section 47-5-139 Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ. Non Participating Judge(s): Griffis, J. Procedural History: Dismissal Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 05-16-2001 Appealed from: Sunflower County Circuit Court Judge: Gray Evans Disposition: COMPLAINT DISMISSED Case Number: 2001-0012-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | Billie Salvador Braziel |
PRO SE |
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| Appellee: | Barbara Bailey and Robert Armstrong | OFFICE OF THE ATTORNEY GENERAL BY: JANE L. MAPP |
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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: | Eligibility for parole - Section 47-7-3 (1)(b) - Earned time allowance - Section 47-5-139 |
| Summary of the Facts: | Billie Braziel was found guilty of rape and aggravated assault. He was sentenced to ten years on the rape charge and five years on the aggravated assault charge. Braziel filed a petition for a writ of habeas corpus seeking earned time credit and consideration for parole. The court denied his request, Braziel appeals. |
| Summary of Opinion Analysis: | Braziel argues that he should have been considered for parole or earned time for his rape conviction, because he was nineteen when the offense occurred on March 20, 1995, and then existing law permitted such consideration. Because Braziel was nineteen years of age when this rape was committed, he was ineligible for parole consideration under section 47-7-3 (1)(b) which provided that any person convicted of a sex crime shall not be released on parole except for a person under the age of nineteen. With regard to earned time, section 47-5-139 as it existed on the date of the offense provided that an inmate shall not be eligible for the earned time allowance if the inmate was convicted of a sex crime. |
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