Miller v. State
| Docket Number: | 2007-CP-00563-COA Linked Case(s): 2007-CT-00563-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-22-2008 Opinion Author: CARLTON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Excessive sentence - Section 41-29-139(b)(1) - Defective indictment Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 03-12-2007 Appealed from: WINSTON COUNTY CIRCUIT COURT Judge: Clarence E. Morgan, III Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2007-0042CVM |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JAMIE LAMAR MILLER |
JAMIE LAMAR MILLER (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DESHUN TERRELL MARTIN | ||
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 - Excessive sentence - Section 41-29-139(b)(1) - Defective indictment |
| Summary of the Facts: | Jamie Miller pled guilty to three counts of sale of cocaine. The court sentenced Miller to fifteen years on each of the three counts, with five years suspended on each sentence, each followed by five years of probation. All sentences were ordered to run concurrently, giving Miller a total of ten years to serve and five years of probation. He was also ordered to pay a fine of $5,000 on each count, with all but $1,596.50 suspended. Miller filed a petition for post-conviction relief to reduce his sentence, which the court denied. Miller appeals. |
| Summary of Opinion Analysis: | Issue 1: Excessive sentence Sentencing is not subject to appellate review if it is within the limits prescribed by statute. Under section 41-29-139(b)(1), each count of sale of cocaine carries a maximum sentence of imprisonment for thirty years and a fine of no less than $5,000 and no more than $1,000,000. Miller received a lenient sentence of only fifteen years on each count, with five years suspended on each count. Further, he was fined $5,000 for each count, which was all suspended except for $1,000 plus court costs. Miller’s sentence falls well within the statutory limits for the sale of cocaine. Issue 2: Defective indictment Miller argues that the indictment under which he was convicted was defective for failing to include the language of section 99-7-2(1). Inclusion of the language found in the multi-count indictment statute was not necessary for the indictment to be valid. Where an indictment tracks the language of a criminal statute it is sufficient to inform the accused of the charge against him. Miller’s indictment included the relevant language from the statute as well as the applicable statute number. In addition, Miller waived this argument when he entered his guilty plea. |
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