Alston v. State
Docket Number: | 2002-CA-00555-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 - Excessive sentence 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: 03-06-2002 Appealed from: Attala County Circuit Court Judge: Joseph H. Loper Disposition: PETITION FOR POST-CONVICTION RELIEF DENIED District Attorney: Doug Evans Case Number: 02-0047-CV-L |
Party Name: | Attorney Name: | |||
Appellant: | Jason Alston |
K. ELIZABETH DAVIS |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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. |
Topic: | Post-conviction relief - Excessive sentence |
Summary of the Facts: | Jason Alston entered a plea of guilty to a charge of burglary of a dwelling and was sentenced to twenty years. He filed a petition for post-conviction relief which the court denied. He appeals. |
Summary of Opinion Analysis: | Alston argues that his sentence is unduly harsh when compared to the gravity of the crime he committed. The necessary first step in reviewing a claim of excessive punishment is to compare the sentence imposed to the crime charged to determine if the sentence imposed is "grossly disproportional" to the crime charged. Alston pled guilty to the crime of burglary of a dwelling which carries a maximum penalty of twenty-five years' imprisonment. This sentence is within the statutory parameters and is not grossly disproportionate to the crime. |
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