Kelly v. State
| Docket Number: | 2004-KA-01961-COA Linked Case(s): 2004-CT-01961-SCT ; 2004-KA-01961-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-08-2006 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Grand larceny - Disproportionate sentence Judge(s) Concurring: Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Concurs in Result Only: Irving, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-31-2004 Appealed from: Rankin County Circuit Court Judge: Kent McDaniel Disposition: CONVICTION OF GRAND LARCENY AS A HABITUAL OFFENDER AND SENTENCED TO LIFE WITHOUT THE POSSIBILITY OF PAROLE. District Attorney: DAVID CLARK Case Number: 15396 |
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| Party Name: | Attorney Name: | |||
| Appellant: | James Curtis Kelly |
DAN W. DUGGAN, JR. |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOSE BENJAMIN SIMO |
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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: | Grand larceny - Disproportionate sentence |
| Summary of the Facts: | James Kelly was found guilty of grand larceny and pursuant to the violent habitual offender statute, was sentenced to life without the possibility of parole. He appeals. |
| Summary of Opinion Analysis: | Kelly argues that his sentence of life imprisonment without parole was not proportional to the present grand larceny offense. Kelly was sentenced within the mandatory statutory limits set out in section 99-19-83 for habitual offenders. Therefore, his sentence was not grossly disproportionate. |
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