Felder v. State


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Docket Number: 2002-CP-00325-SCT

Supreme Court: Opinion Link
Opinion Date: 07-01-2004
Opinion Author: Cobb, P.J.
Holding: Affirmed in Part and Remanded in Part

Additional Case Information: Topic: Post-conviction relief - Voluntariness of plea - Excessive sentence - Section 97-3-25 - Section 99-19-32(1)
Judge(s) Concurring: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ.
Non Participating Judge(s): Diaz, J.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 02-04-2002
Appealed from: Pike County Circuit Court
Judge: Mike Smith
Disposition: Denied Appellant's petition for post-conviction relief.
District Attorney: Dee Bates
Case Number: 01-172-B

  Party Name: Attorney Name:  
Appellant: James Claudy Felder




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY  

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Topic: Post-conviction relief - Voluntariness of plea - Excessive sentence - Section 97-3-25 - Section 99-19-32(1)

Summary of the Facts: James Felder entered a plea of guilty to manslaughter and was sentenced to 20 years in prison, payment of a $10,000 fine and an assessment of $10,000 into the Mississippi Crime Victims’ Compensation Fund. Felder filed a motion for post-conviction collateral relief asserting that his plea was involuntary, that he was denied effective assistance of counsel and that his sentence was excessive. The court denied the motion, and Felder appeals.

Summary of Opinion Analysis: Felder argues that he pled guilty only after his attorney assured him that he would not get the maximum sentence of 20 years in prison. A review of the transcript of the plea colloquy, and the trial court’s order shows that the judge thoroughly examined Felder and correctly found that Felder understood the consequences of his guilty plea and understood the maximum penalty could be imposed and that he expressed satisfaction with his attorney's representation. Felder also argues that his sentence is unconstitutional. So long as the sentence imposed is within the statutory limits, sentencing is generally a matter of trial court discretion. Under section 97-3-25, Felder could have been fined or sentenced to twenty years in the penitentiary, but not both. However, where the sentence imposed is of a term of imprisonment in the penitentiary, the fine provision of section 97-3-25 is not applicable. Where, as here, the offense is punishable by imprisonment in the penitentiary for more than one year and the imposition of a fine is not provided elsewhere, section 99-19-32(1) is applicable to impose a fine not in excess of $10,000. Because Felder's sentence is within the statutory limits, there is no error in the imposition of the twenty-year sentence and the $10,000 fine. With regard to the assessment to the Crime Victims’ Compensation Fund, however, there is a discrepancy between the amount reflected in the transcript and the subsequent sentencing order. Therefore, this matter is remanded for the limited purpose of clarification of the amount to be paid to the fund.


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