Seal v. State


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Docket Number: 2008-KA-01424-COA

Court of Appeals: Opinion Link
Opinion Date: 06-08-2010
Opinion Author: King, C.J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Jurisdiction - M.R.A.P. 4(a) & (e) - Motion for reduction of sentence - M.R.A.P. 3(c)
Judge(s) Concurring: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Procedural History: Bench Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 01-09-2008
Appealed from: SUNFLOWER COUNTY CIRCUIT COURT
Judge: Margaret Carey-McCray
Disposition: MOTION FOR A REDUCTION OF SENTENCE DENIED
District Attorney: Willie Dewayne Richardson
Case Number: 2006-0102-K

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Stephen E. Seal a/k/a Bo Seal




RABUN JONES, GAINES S. DYER



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT  

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    Topic: Post-conviction relief - Jurisdiction - M.R.A.P. 4(a) & (e) - Motion for reduction of sentence - M.R.A.P. 3(c)

    Summary of the Facts: Stephen Seal pled guilty to two counts of culpable-negligence manslaughter. Seal was sentenced to serve a term of twenty years on each count. Within five days of Seal’s guilty pleas and sentences, the trial judge informed defense counsel and the district attorney that after reflecting upon Seal’s sentences, she believed that some of the time imposed should have been suspended. However, because the sentences were imposed during a vacation term, she did not have the authority to amend them. Thereafter, Seal filed a motion for reduction of sentence, which was denied. Seal appeals.

    Summary of Opinion Analysis: Issue 1: Jurisdiction The State argues that the denial of Seal’s motion to reduce his sentence is not an appealable order. The order denying Seal’s motion for a reduction of sentence was entered on July 15, 2008. Seal filed his notice of appeal on August 14, 2008, which is within the thirty days of the denial of the motion for a reduction of sentence. Therefore, pursuant to M.R.A.P. 4(a), the appellate court has jurisdiction to consider the appeal. The trial court's judgment that it did not have proper jurisdiction to amend Seal's sentence was not in error. A reduction or reconsideration of a sentence by a judge must occur prior to the expiration of the sentencing term. Issue 2: Post-conviction relief Prior to filing his notice of appeal, Seal filed a motion requesting that the trial court designate his motion for a reduction of sentence as a motion for post-conviction relief. The trial court denied that motion on October 31, 2008, well after Seal filed his notice of appeal on August 14, 2008. Seal did not amend the notice of appeal of August 14, 2008, to include the trial court’s denial of his request to treat his motion as a request for post-conviction relief. Nor did Seal file a separate notice of appeal of the October 31, 2008, denial of his request to treat his motion as one for post-conviction relief. While Seal has raised this issue in his brief, because no notice of appeal was given on this issue, it is not properly before the Court as provided by M.R.A.P. 3(c) and 4(e).


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