Alston v. State


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Docket Number: 2002-CA-00555-COA

Court of Appeals: Opinion Link
Opinion Date: 04-01-2003
Opinion Author: Southwick, P.J.
Holding: Affirmed

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

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



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  

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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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