Warden v. State
| Docket Number: | 2009-CP-00639-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-08-2010 Opinion Author: Carlton, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Excessive sentence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
|
| Trial Court: |
Date of Trial Judgment: 03-16-2009 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: CI06-0190 |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Lonnie Lee Warden |
PRO SE |
|
|
| 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. |
|
| Topic: | Post-conviction relief - Excessive sentence |
| Summary of the Facts: | Lonnie Warden pled guilty to possession of methamphetamine and possession of two or more precursor chemicals with the intent to manufacture methamphetamine. The trial court sentenced Warden to serve twenty years on the possession of methamphetamine charge and twenty years on the possession of precursor chemicals with the intent to manufacture methamphetamine. More than two years after his conviction and sentence, Warden filed a pro se motion requesting the trial court to review and reduce his sentence. The circuit court treated Warden’s motion as a motion for post-conviction relief and dismissed it. Warden appeals. |
| Summary of Opinion Analysis: | Warden argues that he received a harsher sentence than other first-time offenders in his jurisdiction. Warden’s motion for a sentence reduction, along with the evidence submitted in support of his motion, fail to fall within the parameters defined by the Legislature in the post-conviction-relief statute. The trial judge possesses no authority to reduce a sentence two years after the conviction was entered and the sentence imposed. In addition, Warden’s sentences constituted legal sentences falling within the minimum and maximum sentences authorized by statute. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
