Carey v. State
| Docket Number: | 2006-KA-01890-COA Linked Case(s): 2006-KA-01890-COA ; 2006-CT-01890-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 09-02-2008 Opinion Author: Ishee, J. Holding: Affirmed in Part, Reversed and Remanded in Part |
|
| Additional Case Information: |
Topic: Armed robbery - Sufficiency of evidence - Sentence - Section 97-3-79 - Section 99-19-81 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Chandler, Barnes, Roberts, and Carlton, JJ. Judge(s) Concurring Separately: Griffis, J., Specially concurs withtout separate written opinion. Irving, J., Specially concurs with separate written opinion joined by Lee, P.J., Chandler, Griffis, and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 07-20-2006 Appealed from: TUNICA COUNTY CIRCUIT COURT Judge: Kenneth L. Thomas Disposition: CONVICTION OF ARMED ROBBERY AND SENTENCE OF LIFE IMPRISONMENT AS A HABITUAL OFFENDER IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Laurence Y. Mellen Case Number: CR 2004-0014 |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | LARRY CAREY |
HELEN BAGWELL KELLY,
ADAM A. PITTMAN |
|
|
| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
|
|
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: | Armed robbery - Sufficiency of evidence - Sentence - Section 97-3-79 - Section 99-19-81 |
| Summary of the Facts: | Larry Carey was convicted of one count of armed robbery and was sentenced to life imprisonment as a habitual offender. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Carey argues that there was insufficient evidence to support his conviction, because the testimony of the State’s witnesses was so fraught with inconsistencies that it was wholly unreliable and non-credible. There was more than sufficient, credible evidence to support Carey’s conviction for armed robbery. The State was not only able to present eyewitness testimony placing Carey at the scene of the crime and a positive identification by the victim, but it also submitted two inculpatory statements made by Carey himself. The jury was responsible for resolving any conflict in the evidence. Issue 2: Sentence Carey argues that the trial judge had no authority to impose a life sentence without a recommendation from the jury. Sentencing is within the complete discretion of the trial court and not subject to appellate review if it is within the limits prescribed by statute. Pursuant to section 97-3-79, the maximum term of imprisonment for a person convicted of armed robbery is life imprisonment, but only if the penalty is so fixed by the jury. If the jury fails to recommend a sentence of life imprisonment, the court shall fix the penalty at imprisonment in the state penitentiary for any term of not less than three years. In this case, the trial judge misinterpreted the language of section 99-19-81, which gives the judge authority to impose a life sentence only when such a sentence is set by the jury. Therefore, the case is remanded for resentencing. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
