Craft v. State
| Docket Number: | 2005-CP-01550-COA Linked Case(s): 2005-CP-01550-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-07-2006 Opinion Author: Lee, P.J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Post-conviction relief - Restitution - Joint and several liability - Plea agreement Judge(s) Concurring: Myers, P.J., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Concurs in Result Only: King, C.J. and Irving, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 07-22-2005 Appealed from: MARION COUNTY CIRCUIT COURT Judge: MICHAEL R. EUBANKS Disposition: DENIED MOTION FOR POST-CONVICTION RELIEF. Case Number: 2005-0158E |
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| Party Name: | Attorney Name: | |||
| Appellant: | Melvin Craft |
MELVIN CRAFT (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART |
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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: | Post-conviction relief - Restitution - Joint and several liability - Plea agreement |
| Summary of the Facts: | Melvin Craft pled guilty to burglary of a dwelling and was sentenced to twenty-five years. Craft filed a writ of habeas corpus which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Restitution Craft argues that the portion of the sentencing order requiring him to pay the entire restitution if the codefendant fails to pay is an error and should be deleted from the sentencing order. Joint and several liability has been consistently upheld as to criminal co-defendants who act in concert. The order that Craft pay the co-defendant’s part of the restitution if she fails to pay is not in error. Issue 2: Plea agreement Craft argues that the sentencing order is inconsistent with the plea bargain agreement. Craft plea bargained for a sentence of fifteen years. The sentence as ordered is twenty-five years, with fifteen years in custody of the Mississippi Department of Corrections and the remaining ten years under the post-release provisions with a five year supervision period. Craft’s sentence of fifteen years to be served is consistent with his plea bargain of fifteen years. Craft also argues that he could not be given a suspended sentence and probation. However, trial courts have the authority to suspend, in whole or in part, a convicted felon’s sentence. |
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