Green v. State
| Docket Number: | 2001-CA-00740-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-07-2003 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine - Excessive sentence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, and Chandler, JJ. Non Participating Judge(s): Griffis, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 04-02-2001 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Disposition: DENIED POST-CONVICTION RELIEF District Attorney: Alexander C. Martin Case Number: 15,147 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Joe Nathan Green |
PRO SE
M. A. BASS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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: | Sale of cocaine - Excessive sentence |
| Summary of the Facts: | Joe Green was convicted of selling crack cocaine within fifteen hundred feet of a school. He was originally sentenced to sixty years, but the Court of Appeals remanded the case to the trial court for reconsideration of sentence. Green was re-sentenced to thirty years' imprisonment. He appeals. |
| Summary of Opinion Analysis: | Green argues that because he received a longer sentence after a jury trial than others received by plea bargaining, he was punished for exercising his right to a trial. Generally, a sentence that does not exceed the maximum period allowed by statute will not be disturbed on appeal. Here, the judge was authorized to sentence Green to a longer sentence than he received. Green also argues that his life expectancy negates any possibility that he will ever be a free man. It is not known how long Green may live. In addition, older individuals do not deserve a break from the criminal justice system. |
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