Jenkins v. State
| Docket Number: | 2002-CT-00394-SCT Linked Case(s): 2002-CT-00394-SCT ; 2002-CT-00394-SCT ; 2002-KA-00394-COA |
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| Supreme Court: | Opinion Link Opinion Date: 10-14-2004 Opinion Author: Graves, J. Holding: Affirmed in Part and Reversed in Part |
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| Additional Case Information: |
Topic: Felony escape - Reference in indictment to statute - Section 97-9-45 - Section 97-9-49 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., Dissents With Separate Written Opinion to Follow Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 02-08-2002 Appealed from: Oktibbeha County Circuit Court Judge: John M. Montgomery Disposition: ESCAPE- SENTENCE TO SERVE A TERM OF FIVE YEARS IN THE MDOC. SENTENCE TO RUN CONSECUTIVELY WITH ANY OTHER SENTENCE. District Attorney: Forrest Allgood Case Number: 99-191-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Shannon Jenkins a/k/a Slink |
JOSEPH JOSHUA STEVENS, JR.
HARVEY LEE MORRISON, JR. |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE McCRORY |
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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: | Felony escape - Reference in indictment to statute - Section 97-9-45 - Section 97-9-49 |
| Summary of the Facts: | Following the revocation of his probation for a prior conviction, Shannon Jenkins was housed in a county jail and enjoyed trustee status while he awaited transfer to the state penitentiary. Jenkins escaped by walking away from jail. He 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: | 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. Generally, when facts constituting an offense may violate two or more statutes or, where there is substantial doubt as to which statute applies, then a sentencing court must apply the statute which imposes the lesser punishment. If the indictment is ambiguous as to which statute applies, the defendant may only be punished under the statute with the lesser penalty. Here, no particular statute is referenced in the text of the indictment. In fact, the indictment plainly recites that the offense was committed "contrary to the form of the statutes made and provided." Therefore, Jenkins should have been sentenced to no more than six months for escape. Jenkins’s conviction for escape is affirmed for the reasons stated by the Court of Appeals. |
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