Medlin v. State
| Docket Number: | 2009-CP-00360-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-25-2010 Opinion Author: King, C.J. Holding: The judgment of the Circuit Court of Marshall County denying the motion for post-conviction relief is affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Excessive sentence - Section 97-3-7(2) & (3) - Substance of indictment Judge(s) Concurring: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 02-27-2009 Appealed from: MARSHALL COUNTY CIRCUIT COURT Judge: Andrew K. Howorth Disposition: DENIED MOTION FOR POST-CONVICTION RELIEF Case Number: CV08-314 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | James Medlin |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: 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. |
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| Topic: | Post-conviction relief - Excessive sentence - Section 97-3-7(2) & (3) - Substance of indictment |
| Summary of the Facts: | James Medlin was convicted of aggravated assault and sentenced to twenty years, with five years suspended. Medlin filed a motion for post-conviction relief, which the trial court denied. He appeals. |
| Summary of Opinion Analysis: | Medlin argues that his sentence exceeds the maximum sentence provided by section 97-3-7(3). In Medlin’s indictment, the charging statute number was listed as section 97-3-7(3). Section 97-3-7(3) proscribes simple domestic violence, and the statute provides a five-year sentence to a ten-year sentence upon a defendant’s third or subsequent conviction of simple domestic violence. However, the substance of Medlin’s indictment neither charged him with simple assault nor alleged domestic violence. Instead, the substance of Medlin’s indictment charged him with the aggravated assault with a deadly weapon – a car. The substance of Medlin’s indictment tracks the language of section 97-3-7(2). Thus, it is clear that Medlin was charged with aggravated assault and not simple domestic violence. The substance of Medlin’s indictment clearly charged him with aggravated assault under section 97-3-7(2), which provides a maximum penalty of twenty years. Thus, the trial court properly sentenced Medlin within the statutory guidelines. |
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