Triste v. State
| Docket Number: | 2010-CP-00864-COA Linked Case(s): 2010-CP-00864-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-26-2011 Opinion Author: Maxwell, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence - Section 47-7-34 - Section 97-17-23(1) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ. Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 03-09-2010 Appealed from: Itawamba County Circuit Court Judge: James L. Roberts Disposition: MOTION FOR POST CONVICTION RELIEF DENIED Case Number: 2010-012-RI |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Joseph R. Triste |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR., SCOTT STUART | ||
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 - Illegal sentence - Section 47-7-34 - Section 97-17-23(1) |
| Summary of the Facts: | Joseph Triste pled guilty to burglary and kidnapping. On Count I, the circuit court sentenced Triste to twenty-five years, with seventeen years suspended, followed by five years of post-release supervision. As a condition of the suspended sentence, Triste was ordered to pay a $1,000 fine. On Count II, the circuit court sentenced Triste to thirty years, all suspended. Triste filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Triste argues that the sentence for burglary is illegal because it exceeded the twenty-five-year maximum sentence for burglary, given his five years of post-release supervision. Section 47-7-34 provides that the total number of years of incarceration plus the total number of years of post-release supervision shall not exceed the maximum sentence authorized to be imposed by law for the felony committed. Triste was sentenced to twenty-five years’ imprisonment. He was ordered to serve eight years, and the circuit judge suspended seventeen years. Triste’s five-year period of post-release supervision, when added to the eight-year period of incarceration, is thirteen years. This is well within the twenty-five-year maximum sentence authorized by section 97-17-23(1). Therefore, Triste’s sentence is lawful. Triste also argues the circuit court lacked authority to order that he pay a $1,000 fine because the burglary statute does not provide for fines. But he disregards the fact that the circuit court had authority to order the $1,000 fine under section 99-19-32(1). Because Triste’s burglary conviction was punishable by more than one year of imprisonment and was not otherwise subject to a fine, the circuit judge had authority to fine him up to $10,000. |
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