Jenkins v. State


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Docket Number: 2002-CT-00394-SCT
Linked Case(s): 2002-CT-00394-SCT ; 2002-CT-00394-SCT ; 2002-KA-00394-COA

Supreme Court: Opinion Link
Opinion Date: 01-06-2005
Holding: AFFIRMED IN PART; REVERSED AND REMANDED IN PART

Additional Case Information: Topic: Escape - Specificity of indictment - Section 97-9-49 - Section 97-9-45 - Lesser sentence
Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ.
Non Participating Judge(s): Diaz, J.
Dissenting Author : Easley, J.
Dissenting Author : Randolph, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 02-08-2002
Appealed from: Oktibbeha County Circuit Court
Judge: John M. Montgomery
Disposition: Jenkins was convicted of escape and sentenced to serve five years.
District Attorney: Forrest Allgood
Case Number: 99-191-CR

  Party Name: Attorney Name:  
Appellant: Shannon Jenkins a/k/a Slink




JOSEPH JOSHUA STEVENS, JR. HARVEY LEE MORRISON, JR.



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE McCRORY  

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Topic: Escape - Specificity of indictment - Section 97-9-49 - Section 97-9-45 - Lesser sentence

Summary of the Facts: Shannon Jenkins was convicted of escape and sentenced to five years. The Court of Appeals affirmed the trial court finding that Jenkins was sufficiently put on notice that he was charged with felony escape. The Supreme Court granted certiorari.

Summary of Opinion Analysis: Where the indictment fails to specify which of two applicable statutes is being charged, then the defendant must be sentenced under the statute which provides the lesser punishment. There are two applicable statutes which deal with the offense of escape. Section 97-9-45 contemplates escape from a state penitentiary while section 97-9-49 contemplates escape from a jail. Jenkins argues that his indictment referenced no particular code section and that he should have been sentenced under the statute with the lesser sentence. No particular statute is referenced in the text of Jenkins’ indictment. In fact, the indictment plainly recites that the offense was committed "contrary to the form of the statutes made and provided." Jenkins was a state prisoner temporarily housed in a county jail. He held trustee status and simply walked away from his assignment. Since his indictment specified no particular statute to have been violated, Jenkins should have been sentenced to no more than six months for escape.


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