Langston v. State
| Docket Number: | 2010-CP-00280-COA Linked Case(s): 2010-CP-00280-COA ; 2010-CT-00280-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-31-2011 Opinion Author: Griffis, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Due process - Disproportionate sentence Judge(s) Concurring: Lee, C.J., Irving, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Russell, J. Procedural History: Dismissal; PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 02-03-2010 Appealed from: Yazoo County Circuit Court Judge: Jannie M. Lewis Disposition: Motion for Post-Conviction Collateral Relief Dismissed Case Number: 2009-CI38 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Calvin Langston |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR. |
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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 - Due process - Disproportionate sentence |
| Summary of the Facts: | Calvin Langston pled guilty to armed robbery. He was sentenced to ten years without eligibility for earned-time release or parole. He filed a motion for post-conviction collateral relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Langston argues that he was denied due process when he received a tougher sentence than his co-defendant. There are no statutes or case law stating that a defendant must receive a sentence proportionate to a sentence imposed on an accomplice. Prosecutors have broad discretion to decide which charge or charges to bring against a criminal defendant. In this case, the prosecutor made the decision to reduce the charge against the co-defendant to accessory after the fact. Such a decision was within the prosecutor’s authority. |
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