Chandler v. State
Docket Number: | 2008-CA-01962-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 01-05-2010 Opinion Author: Myers, P.J. Holding: Affirmed |
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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 |
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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 |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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: | 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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