Long v. State
| Docket Number: | 2007-CP-00582-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-27-2008 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence - Section 47-7-34 - Length of sentence Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 03-08-2007 Appealed from: LEE COUNTY CIRCUIT COURT Judge: Sharion R. Aycock Disposition: POST-CONVICTION RELIEF DENIED Case Number: CV-07-025(A)L |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JIMMY LONG A/K/A JIMMY LEE LONG |
JIMMY LONG (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE BRELAND WOOD | ||
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 - Illegal sentence - Section 47-7-34 - Length of sentence |
| Summary of the Facts: | Jimmy Long pled guilty to the possession of cocaine with intent to sell. In accordance with a request from Long’s attorney, sentencing was deferred to the trial court’s following term. Long was then sentenced to eight years followed by twelve years of post-release supervision with the first five years being supervised. Long filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Long argues that since he had prior felony convictions, his sentence was illegal because section 47-7-33 specifically prohibits supervised probation for those defendants with prior felony convictions. However, Long was sentenced to post-release supervision under section 47-7-34. While the sentencing order does say Long will serve five years of supervised probation, it says that the supervised probation is to be served pursuant to section 47-7-34. It is clear that the trial court’s sole intention was to sentence Long to eight years of imprisonment and to twelve years of post-release supervision with five years being supervised in a manner like supervised probation, not actually supervised probation. Thus, Long was properly sentenced in accordance with section 47-7-34. Long also argues that the trial court failed to account for his age thereby causing him to receive a sentence that, due to his age, amounted to a life sentence. When the Legislature has affixed a set term of years as the maximum sentence and has allowed that sentence to be imposed by a trial judge, as is the case here, the trial judge is not required to apply a term less than life in accordance with actuarial tables. Here, the trial court did not abuse its discretion by sentencing Long to a term of eight years’ imprisonment with twelve years’ post-release supervision and a $6,000 fine, well within the limits imposed by statute, especially since the trial court specifically recognized Long’s age during sentencing. |
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