McGee v. State
| Docket Number: | 2006-CP-02139-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-11-2008 Opinion Author: BARNES, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Length of sentence - Jurisdiction Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ISHEE AND CARLTON, JJ. Concurs in Result Only: ROBERTS, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 11-17-2006 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Disposition: DENIED MOTION FOR RESENTENCING Case Number: 2005-0061-CR |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JESSIE JAMES MCGEE |
JESSIE JAMES MCGEE (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY | ||
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 - Length of sentence - Jurisdiction |
| Summary of the Facts: | Jessie McGee pled guilty to the sale of crack cocaine and was sentenced to ten years. Nearly a year later, McGee filed a motion to reconsider his sentence, which was summarily denied. He appeals. |
| Summary of Opinion Analysis: | The State argues that this appeal should be dismissed as an attempt to appeal an unappealable order. However, the Court does have jurisdiction to consider an appeal challenging the length of a sentence, even when a defendant enters a plea of guilty. Rather than decide the merits of McGee’s petitions, the trial court determined that it had no jurisdiction because McGee’s sentencing was during a previous term of court which had ended and McGee had begun serving his sentence. There was no error in the trial court’s denial of McGee’s motion for lack of jurisdiction. McGee did not challenge his sentence until nearly a year later. Thus, the trial court correctly dismissed McGee’s attempt to have the court reconsider his sentence. |
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