Lee v. State
| Docket Number: | 2004-CP-00643-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-03-2006 Opinion Author: Myers, P.J. Holding: AFFIRMED |
|
| Additional Case Information: |
Topic: Post-conviction relief - Excessive sentence - Voluntariness of plea - Double jeopardy Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
|
| Trial Court: |
Date of Trial Judgment: 10-15-2003 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: POST-CONVICTION COLLATERAL RELIEF - DISMISSED Case Number: 251-03-00811 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Vanessa Renee Lee |
VANESSA RENEE LEE (PRO SE) |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
|
|
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. |
|
| Topic: | Post-conviction relief - Excessive sentence - Voluntariness of plea - Double jeopardy |
| Summary of the Facts: | Vanessa Lee pled guilty to conspiracy to commit capital murder and attempted capital murder. She was sentenced to twenty years for conspiracy with ten years suspended and to ten years for attempted capital murder, both sentences to run concurrently. Lee moved for post-conviction relief, and the court dismissed the motion. She appeals. |
| Summary of Opinion Analysis: | Issue 1: Excessive sentence Lee argues that her sentence is excessive considering her status as a first time offender. A sentence is not subject to appellate review when that sentence is within the limits set by statute. The sentence imposed on Lee is within the limits of those provided for by statute. Issue 2: Voluntariness of plea Lee argues that her guilty pleas were involuntary due to the court’s failure to inform her of the maximum sentence that could be imposed and her belief that the court did not advise her of the right to appeal. In her petition to enter a plea of guilty the maximum penalty for each offense is stated in paragraph nine. In addition, section 99-35-101 provides that an appeal from the circuit court to the supreme court shall not be allowed in any case where the defendant enters a plea of guilty. Issue 3: Double jeopardy Lee argues that she is subject to double jeopardy for her conviction of both conspiracy to commit capital murder and attempted capital murder. Lee’s reliance on double jeopardy for her conviction of both conspiracy and attempt is misplaced because the conspiracy to commit capital murder and attempted capital murder are two separate crimes. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
