Chisholm v. State
Docket Number: | 2009-KA-00913-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 06-29-2010 Opinion Author: Roberts, J. Holding: Affirmed. |
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Additional Case Information: |
Topic: Sexual battery - Excessive sentence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 05-22-2009 Appealed from: Amite County Circuit Court Judge: Forrest Johnson Disposition: CONVICTED OF SEXUAL BATTERY AND SENTENCED TO THIRTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Ronnie Lee Harper Case Number: 09-KR-013 |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | Shelby Leroy Chisholm |
W. DANIEL HINCHCLIFF |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY |
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: | Sexual battery - Excessive sentence |
Summary of the Facts: | Shelby Chisholm was convicted of sexual battery. The circuit court sentenced Chisholm to thirty years. Chisholm appeals. |
Summary of Opinion Analysis: | Chisholm argues that the circuit court imposed a vastly harsher sentence because he chose to go to trial. It is impermissible for a trial judge to impose a heavier sentence based in whole or in part upon a defendant’s exercise of his constitutionally protected right to trial by jury. Here, the circuit court clearly stated that it recognized Chisholm’s right to a trial. The circuit court made it imminently clear that it was not imposing the maximum sentence for sexual battery because Chisholm had exercised his constitutional right to a trial. Instead, the circuit court sentenced Chisholm as it did because Chisholm did not accept responsibility for his actions. The imposition of a sentence, if it is within the limits prescribed by statute, is a matter left to the sound discretion of the trial court. Chisholm does not argue that his sentence is in excess of that which is authorized by law. |
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