Chandler v. State


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Docket Number: 2008-CA-01962-COA

Court of Appeals: Opinion Link
Opinion Date: 01-05-2010
Opinion Author: Myers, P.J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Sentencing conflict
Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 11-05-2008
Appealed from: OKTIBBEHA COUNTY CIRCUIT COURT
Judge: James T. Kitchens, Jr.
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED
Case Number: 2008-0057-CV

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: TERRANCE CHANDLER




IMHOTEP ALKEBU-LAN



 
  • Appellant #1 Brief

  • Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE  

    Synopsis provided by:

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    Topic: Post-conviction relief - Sentencing conflict

    Summary of the Facts: Terrance Chandler entered a plea of guilty to the charge of possession of cocaine in an amount greater than thirty grams, within 1,500 feet of a church, with intent to distribute. He was sentenced to thirty years, followed by five years of post-release supervision. He filed a motion for post-conviction relief which was denied. He appeals.

    Summary of Opinion Analysis: Chandler argues that the circuit court erred in denying his PCR motion and requests that his final sentencing order be corrected to reflect the circuit court’s oral pronouncement that he be incarcerated for a period no longer than twenty-five percent of his thirty-year sentence (i.e., seven and one-half years). Where there is a direct conflict between the oral and written pronouncements of a sentence, the written order controls. In addition, no conflict exists in this case between the circuit court’s oral pronouncement of the sentence and its ensuing written order. Both clearly reflect that Chandler was sentenced to a term of thirty years in the custody of the MDOC, followed by five years of post-release supervision.


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