Wells v. State


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Docket Number: 2005-CP-01863-COA

Court of Appeals: Opinion Link
Opinion Date: 08-15-2006
Opinion Author: Barnes, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Earned time credits - Excessive sentence
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ.
Procedural History: Dismissal
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 08-18-2005
Appealed from: Lowndes County Circuit Court
Judge: James T. Kitchens, Jr.
Disposition: PETITION FOR POST-CONVICTION RELIEF DISMISSED
Case Number: 2005-0097-CV1

  Party Name: Attorney Name:  
Appellant: Albert Wells




ALBERT WELLS (PRO SE)



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: JANE L. MAPP  

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Topic: Post-conviction relief - Earned time credits - Excessive sentence

Summary of the Facts: Albert Wells pled guilty to a charge of armed robbery. He was sentenced to twenty-five years. He filed a motion for post-conviction relief which was dismissed. He appeals.

Summary of Opinion Analysis: Issue 1: Earned time credits Wells argues that his sentence was ambiguous because he had not been allowed to accumulate earned time and had not been given an earned release supervision date. Section 47-7-3(1)(d)(ii) states that persons convicted of the crime of armed robbery are not eligible for parole. As a person convicted of armed robbery can never be eligible for parole, it follows that he may not accrue trusty or earned time pursuant to sections 47-5-138.1(2)(d) and 47-5-139(1)(e). Issue 2: Excessive sentence Wells argues that his sentence was excessive because he was sentenced to a term of twenty-five years upon his plea of guilty, while his co-defendant was sentenced to a term of seven years. Where a defendant pleads guilty to a crime, sentencing is within the complete discretion of the trial court and not subject to appellate review if it is within the limits prescribed by statute. Wells’ sentence of twenty-five years is within the limits provided by statute.


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