Stanbro v. State
| Docket Number: | 2009-KA-01070-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-31-2010 Opinion Author: Roberts, J. Holding: Reversed and rendered. |
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| Additional Case Information: |
Topic: DUI - Contempt - Section 99-35-101 - Authority to amend sentence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee and Maxwell, JJ., Concurs in Result Only: Barnes and Carlton, JJ., concur in result only without separate written opinion. Procedural History: Bench Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-19-2009 Appealed from: Harrison County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: As a result of Norman Arthur Stanbro III’s failure to report to the Mississippi Department of Corrections (MDOC) following his guilty plea in the Circuit Court of Harrison County for driving under the influence, the trial court found Stanbro in contempt of court. As punishment for its finding of contempt, the trial court revisited Stanbro’s sentence imposed in connection with his guilty plea and added an additional six months of incarceration. District Attorney: Cono A. Caranna, II Case Number: B2401-08-0785 |
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| Party Name: | Attorney Name: | |||
| Appellant: | NORMAN ARTHUR STANBRO, III |
ROGER WAYNE WOODALL |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: STEPHANIE BRELAND WOOD |
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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: | DUI - Contempt - Section 99-35-101 - Authority to amend sentence |
| Summary of the Facts: | As a result of Norman Stanbro III’s failure to report to the Mississippi Department of Corrections following his guilty plea for driving under the influence, the trial court found Stanbro in contempt of court. As punishment for its finding of contempt, the trial court revisited Stanbro’s sentence imposed in connection with his guilty plea and added an additional six months of incarceration. Stanbro appeals. |
| Summary of Opinion Analysis: | Stanbro argues that the trial court erroneously found him in contempt of court and should be stopped from amending the original sentence. Section 99-35-101 forbids any defendant who has pled guilty from directly appealing his conviction or sentence. The only avenue of appeal available to those individuals who plead guilty, either in connection with their plea or sentence imposed, is to petition for post-conviction relief. It could be argued that the appellate court lacks the jurisdiction to hear Stanbro’s appeal as it attacks a portion of the sentence imposed pursuant to his guilty plea. However, a more appropriate characterization of Stanbro’s appeal is an appeal of the trial court’s finding of contempt and subsequent “punishment” for the contempt, which happened to be in the form of an additional six months to serve for Stanbro’s felony DUI conviction. The trial court was not authorized to amend Stanbro’s sentence imposed in connection with his guilty plea for DUI. While Stanbro’s sentence was within the statutory range, at the time the trial court amended Stanbro’s sentence it no longer possessed the authority to do so as the trial court was no longer in the same term of court as when Stanbro was initially sentenced. In addition, the trial court’s written sentencing order contained no reservation of sentencing jurisdiction. Since the trial court did not amend Stanbro’s sentence during the term in which the sentence was originally imposed, that portion of Stanbro’s sentence for felony DUI that was added as a result the trial court’s finding of contempt is reversed and rendered. |
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