Lett v. State
| Docket Number: | 2006-KA-01281-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 10-04-2007 Opinion Author: RANDOLPH, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Right to appeal - Section 99-35-101 - Timeliness of appeal M.R.A.P. 4(a) Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Lamar, JJ. Procedural History: Bench Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-02-2006 Appealed from: Jackson County Circuit Court Judge: Robert P. Krebs Disposition: Willie Albert Lett was indicted in four separate causes. Thereafter, Lett and the State reached an agreement “to consolidate all of the . . . [i]ndictments into one plea with a sentence recommendation. Instead of sentencing Lett according to the State’s recommendation, the circuit judge deferred sentencing and order[ed] a pre-sentence investigation report. At the sentencing hearing, the circuit court imposed a sentence exceeding the State’s recommendation and overruled Lett’s ore tenus motion to withdraw his guilty plea. District Attorney: Anthony N. Lawrence, III Case Number: 2004-10,133 |
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| Party Name: | Attorney Name: | |||
| Appellant: | WILLIE ALBERT LETT a/k/a CHUBBY |
GEORGE S. SHADDOCK |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL |
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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: | Aggravated assault - Right to appeal - Section 99-35-101 - Timeliness of appeal M.R.A.P. 4(a) |
| Summary of the Facts: | Willie Lett was indicted in four separate causes. Lett and the State reached an agreement to consolidate all of the indictments into one plea with a sentence recommendation. Instead of sentencing Lett according to the State’s recommendation, the circuit judge deferred sentencing and ordered a pre-sentence investigation report. At the sentencing hearing, the circuit court imposed a sentence exceeding the State’s recommendation and overruled Lett’s ore tenus motion to withdraw his guilty plea. Lett appeals. |
| Summary of Opinion Analysis: | The State argues that Lett’s appeal is procedurally barred by virtue of his guilty plea and its untimely filing. Pursuant to section 99-35-101, Lett possesses the right to appeal, but the right extends only to alleged errors in sentencing. The circuit court’s order was entered on June 2, 2006. Lett’s notice of appeal was not filed until July 27, 2006. Given that filing of Lett’s notice of appeal occurred more than 30 days after the date of entry of the judgment or order appealed from, his appeal is procedurally barred under M.R.A.P. 4(a). In addition, the circuit court had the discretion to reject the State’s recommendation and exercised that discretion. Any argument of detrimental reliance asserted by Lett is negated by the fact that he was repeatedly informed of the circuit court’s discretion in sentencing. |
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