Sumrell v. State
| Docket Number: | 2005-CT-00963-SCT Linked Case(s): 2005-KA-00963-COA ; 2005-CT-00963-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 01-10-2008 Opinion Author: Smith, C.J. Holding: The Judgment of the Court of Appeals is Affirmed. Conviction of felony shoplifting and sentence of life imprisonment, as a habitual offender, in the custody of the Mississippi Department of Corrections, Affirmed. |
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| Additional Case Information: |
Topic: Felony shoplifting - Habitual offender status - Disproportionate sentence Judge(s) Concurring: Waller, P.J., Easley, Carlson and Randolph, JJ. Concur in Part, Dissent in Part 1: Diaz, P.J. with separate written opinion. Concur in Part, Dissent in Part Joined By 1: Graves and Dickinson, JJ. Concurs in Result Only: Lamar, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 04-26-2005 Appealed from: WASHINGTON COUNTY CIRCUIT COURT Judge: W. Ashley Hines Disposition: Mark Dwayne Sumrell was convicted of felony shoplifting and sentenced to life imprisonment as a habitual offender by the Washington County Circuit Court. The Court of Appeals confirmed his conviction and sentence. District Attorney: Joyce Ivy Chiles Case Number: 2004-043 |
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| Note: | This SCT opinion affirms the Court of Appeals' decision. The COA opinion may be viewed at: http://www.mssc.state.ms.us/Images/Opinions/CO37844.pdf | |
| Party Name: | Attorney Name: | |||
| Appellant: | MARK DWAYNE SUMRELL |
STEPHEN NICK |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DESHUN TERRELL MARTIN |
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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: | Felony shoplifting - Habitual offender status - Disproportionate sentence |
| Summary of the Facts: | Mark Sumrell was convicted of felony shoplifting and sentenced to life imprisonment as a habitual offender. He appealed, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Issue 1: Habitual offender status Sumrell argues that he was improperly sentenced under section 99-19-83. Sumrell did not legitimately raise this issue before the Court of Appeals, and it is procedurally barred. In addition, all the documents in the pen pack establish that Sumrell, in fact, was sentenced and served a year on the separate offenses of robbery and possession of cocaine. Therefore, the circuit court did not err in sentencing Sumrell in the present case as a habitual offender. Issue 2: Disproportionate sentence Sumrell also did not legitimately raise this issue before the Court of Appeals, and it is procedurally barred. In addition, the general rule is that a sentence that does not exceed the maximum term allowed by the statute, cannot be disturbed on appeal. |
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