Triste v. State
| Docket Number: | 2010-CP-01163-COA Linked Case(s): 2010-CP-01163-COA ; 2010-CT-01163-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-21-2011 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Excessive sentence - Section 97-17-23 - Section 99-19-32(1) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 06-14-2010 Appealed from: Itawamba County Circuit Court Judge: James L. Roberts Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2010-013RI |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jamie Triste |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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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 - Excessive sentence - Section 97-17-23 - Section 99-19-32(1) |
| Summary of the Facts: | Jamie Triste pled guilty to burglary of a dwelling, and the court sentenced her to twenty-five years, with nineteen years suspended and five years of post release supervision. Triste filed a motion for post-conviction relief which was denied. She appeals. |
| Summary of Opinion Analysis: | Triste argues that the sentence imposed by the circuit court for her conviction of burglary of a dwelling exceeded the maximum sentence allowed by law. She argues that her sentence, which consists of six years to serve, nineteen years suspended, and five years of post-release supervision, is a thirty-year sentence; thus, it exceeds the twenty-five year maximum mandated by section 97-17-23. Triste’s sentence merely requires her to spend six years incarcerated and five years on post-release supervision; therefore, her sentence does not violate section 47-7-34(1). Triste’s five years of post-release supervision are not in addition to the nineteen years suspended by the circuit court; rather, they are included in the nineteen years. Triste also argues that the circuit court’s order of a $1,000 fine was not authorized under section 97-17-23. While it is true the burglary statute does not provide for a fine, the circuit court was within its authority to impose a fine under section 99-19-32(1). At Triste’s plea hearing, the State clearly stated that the maximum penalty for burglary of a dwelling “is a term of 25 years and a fine of $10,000. There is a minimum sentence of three years. There’s no minimum fine.” Triste told the circuit court that she understood the potential maximum fines. Therefore, Triste was aware prior to the entry of her guilty plea that the circuit court had the authority to impose a fine between $0 and $10,000. |
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