Cannon v. State


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Docket Number: 2002-CT-00408-SCT
Linked Case(s): 2002-CT-00408-SCT ; 2002-KA-00408-COA

Supreme Court: Opinion Link
Opinion Date: 11-17-2005
Opinion Author: Easley, J.
Holding: Affirmed

Additional Case Information: Topic: Unlawful delivery of methamphetamine & Possession of more than 30 grams with intent to distribute - Consideration of life expectancy in sentencing
Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ.
Non Participating Judge(s): Diaz, J.
Dissenting Author : Graves, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY
Writ of Certiorari: yes
Appealed from Court of Appeals

Trial Court: Date of Trial Judgment: 10-22-2001
Appealed from: LINCOLN COUNTY CIRCUIT COURT
Judge: MIKE SMITH
Disposition: Conviction of Possession of Two Grams but less than Ten Grams of Methamphetamine and Sentence of Thirty (30) Years, as a habitual offender, in the custody of the Mississippi Department of Corrections and Payment of a Fine of $1,000,000
District Attorney: J. DANIEL (DANNY) SMITH
Case Number: 01-149-MS
  Consolidated: Consolidated with 2002-CT-00406-SCT William Erin Cannon a/k/a Bill v. State of Mississippi; Lincoln Circuit Court; LC Case #: 01-150-MS; Ruling Date: 01/09/2002; Ruling Judge: Mike Smith; Consolidated with 2002-CT-01983-SCT State of Mississippi, Ex Rel. Lincoln County Sheriff's Department: That Parcel of Land, ET SEQ,1997 Honda Shadow Motorcycle Vin#1HFSC1801VA100142 and $2000 in United States Currency v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2001-272; Ruling Date: 11/15/2002; Ruling Judge: Mike Smith

Note: See original COA opinion at http://www.mssc.state.ms.us/Images/Opinions/CO25007.pdf

  Party Name: Attorney Name:  
Appellant: WILLIAM ERIN CANNON




JULIE ANN EPPS, SAMUEL H. WILKINS



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART, MARY JO WOODS  

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Topic: Unlawful delivery of methamphetamine & Possession of more than 30 grams with intent to distribute - Consideration of life expectancy in sentencing

Summary of the Facts: William Cannon was convicted of the unlawful delivery of methamphetamine and the unlawful possession of more than 30 grams with intent to distribute. The indictment was later amended to charge Cannon as a habitual offender. The court sentenced Cannon to thirty years’ imprisonment on each count and imposed a $2 million fine. The court then doubled each sentence to sixty years’ imprisonment. On appeal, the Court of Appeals reversed and remanded for resentencing. The State filed a petition for writ of certiorari which the Supreme Court granted.

Summary of Opinion Analysis: The Court of Appeals held that the trial court erred by not considering Cannon’s life expectancy for his convictions and reversed and remanded for resentencing. The Court of Appeals relied upon Handford v. State, 736 So.2d 1069 (Miss. Ct. App. 1999) in which the Court of Appeals held that the trial court should consider the age and life expectancy of the defendant and any other pertinent facts which would aid in fixing a proper sentence. The inherent problem with reliance upon Handford is that its holding is based upon Stewart v. State, 372 So.2d 257 (Miss. 1979), an armed robbery case. The crime of armed robbery has specific sentencing requirements separate and distinct from drug cases. A jury may impose a penalty of life imprisonment for the crime of armed robbery pursuant to the armed robbery statute. If a jury does not fix a sentence of life imprisonment, then a trial judge may determine a sentence within certain limits. A trial judge’s sentencing in armed robbery cases is limited to a definite term reasonably expected to be less than life. However, this rule does not apply in a drug case. The penalty for a drug conviction under section 41-29-139 is separate and distinct from the armed robbery statute. The total of the sentences for drug convictions may exceed the actuarial life expectancy of the defendant. Therefore, the trial court did not have to consider Cannon’s life expectancy for the conviction of unlawful delivery of methamphetamine and unlawful possession of more than thirty grams of methamphetamine with intent to distribute.


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