Butler v. State
| Docket Number: | 2009-KA-01219-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-17-2010 Opinion Author: Griffis, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Robbery - Excessive sentence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-24-2009 Appealed from: TUNICA COUNTY CIRCUIT COURT Judge: Al Smith Disposition: CONVICTED OF COUNT I, ROBBERY, AND SENTENCED TO FIFTEEN YEARS AND COUNT II, CONSPIRACY, AND SENTENCED TO FIVE YEARS, WITH THE SENTENCES TO RUN CONCURRENTLY, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Brenda Fay Mitchell Case Number: 2008-0010 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Travis Butler |
ROBERT A. CHAMOUN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE | ||
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: | Robbery - Excessive sentence |
| Summary of the Facts: | Travis Butler was convicted of robbery and was sentenced to fifteen years. He appeals. |
| Summary of Opinion Analysis: | Butler argues that the circuit court abused its discretion when it sentenced him to fifteen years – the statutory maximum sentence allowed for the crime of robbery – because the court failed to consider Butler’s young age of nineteen at the time of sentencing, his status as a first-time offender with no prior criminal record, and the remorse he demonstrated during his testimony at trial. It is well settled that sentencing is within the sole discretion of the circuit court. Here, the circuit court sentenced Butler to fifteen years, a term within the limits of the statute. Thus, the court did not abuse its discretion. Furthermore, the circuit judge was largely unlimited as to the kind of information he may consider during sentencing. Butler also argues that the mitigating factors in the record support an inference of gross disproportionality. However, the record does not support an inference of gross disproportionality. The circuit judge considered that this was an act of violence against another person and sentenced Butler to a sentence within the limits set forth by the Legislature. |
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