Hensley v. State
| Docket Number: | 2010-KA-01311-SCT Linked Case(s): 2010-KA-01311-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 09-08-2011 Opinion Author: Chandler, J. Holding: Affirmed. |
|
| Additional Case Information: |
Topic: Conspiracy to manufacture methamphetamine - Excessive sentence - Section 41-29-139(b)(1) - Section 97-1-1(3) Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 05-12-2010 Appealed from: Tishomingo County Circuit Court Judge: Paul S. Funderburk Disposition: Appellant was convicted of conspiracy to manufacture methamphetamine and was sentenced as a habitual offender to a term of twenty years. District Attorney: John Richard Young Case Number: 07-053 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Cliff Hensley |
OFFICE OF INDIGENT APPEALS: W. DANIEL HINCHCLIFF |
||
| 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: | Conspiracy to manufacture methamphetamine - Excessive sentence - Section 41-29-139(b)(1) - Section 97-1-1(3) |
| Summary of the Facts: | Cliff Hensley was convicted of conspiracy to manufacture methamphetamine and was sentenced as a habitual offender to twenty years. He appeals. |
| Summary of Opinion Analysis: | Cliff argues that his sentence of twenty years exceeded the time allowed by the governing statutes. The imposition of a sentence is within the discretion of the trial court and will not be reviewed on appeal if it is within the limits prescribed by statute. Cliff argues that he cannot be found guilty of conspiring to violate section 41-29-139(b)(1) because section 41-29-139(b)(1) is solely a sentencing statute. Therefore, he argues, he is not eligible for enhanced sentencing under section 97-1-1(3). Section 41-29-139(b)(1) states the method by which one who is in violation of section 41-29-139(a) may be sentenced. Because Cliff was convicted for a violation of the conspiracy statute and his conspiracy was to commit a crime which has an enhanced sentencing provision for controlled substances under section 41-29-139(b)(1), the trial court properly sentenced him under section 97-1-1(3), which provides a maximum sentence of twenty years. Cliff’s status as a habitual offender mandated that he receive the maximum term of imprisonment without eligibility for probation or parole. Because section 97-1-1(3) provides a maximum twenty-year sentence for those convicted of conspiracy in violation of section 41-29-139(b)(1), Cliff’s sentence is proper. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
