White v. State


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Docket Number: 2005-CP-01300-COA
Court of Appeals: Opinion Link
Opinion Date: 10-24-2006
Opinion Author: Griffis, J.
Holding: Reversed and Remanded
Additional Case Information: Topic: Post-conviction relief - Excessive sentence - Section 97-17-7
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ.
Procedural History: PCR
Nature of the Case: CIVIL - POST CONVICTION RELIEF
Trial Court: Date of Trial Judgment: 04-15-2005
Appealed from: Clay County Circuit Court
Judge: James T. Kitchens, Jr.
Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DENIED
Case Number: 2004-0145
  Party Name: Attorney Name:  
Appellant: Leon White




 LEON WHITE (PRO SE)



  
Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: W. DANIEL HINCHCLIFF  
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Topic: Post-conviction relief - Excessive sentence - Section 97-17-7
Summary of the Facts: Leon White pled guilty to arson. He was sentenced to five years to be followed by five years post-release supervision. White filed a motion for post-conviction relief which was denied. He appeals.
Summary of Opinion Analysis: White argues that the sentence given exceeds the statutory maximum. He argues that section 97-17-7 provides for a maximum sentence of three years imprisonment, and his total sentence of ten years, five to serve and five on post-release supervision, exceeds the statutory maximum. White was charged with third degree arson under section 97-17-7. However, he was erroneously sentenced under section 97-17-5, arson in the second degree, which has a maximum sentence of ten years. Therefore, the case is remanded for the circuit court to resentence White consistent with the terms of section 97-17-7, for a maximum term of three years.


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