Gulley v. State
| Docket Number: | 2002-CA-01301-SCT Linked Case(s): 2002-CA-01301-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 02-26-2004 Opinion Author: Carlson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Imposition of fine - Section 97-23-19 - Section 99-19-32 Judge(s) Concurring: Pittman, C.J., Smith and Waller, P.JJ., Cobb and Easley, JJ. Non Participating Judge(s): Diaz and Dickinson, JJ. Dissenting Author : Graves, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 06-11-2002 Appealed from: Jackson County Circuit Court Judge: James W. Backstrom Disposition: Dismissed Appellant's PCR. District Attorney: Keith Miller Case Number: CI-2002-00,181(1) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Charles Douglas Gulley, Jr. |
R. CHARLES ROBB |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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: | Post-conviction relief - Imposition of fine - Section 97-23-19 - Section 99-19-32 |
| Summary of the Facts: | Charles Gulley was convicted of seven counts of embezzlement and received a sentence of ten years on the first six counts to be served concurrently and a ten-year suspended sentence on the seventh count. He was also fined $1,000 on each count for a total fine of $7,000. Gulley appealed, and the Court of Appeals affirmed the judgment. Gulley was granted leave to file a motion for post-conviction relief. The court dismissed the motion, and Gulley appeals. |
| Summary of Opinion Analysis: | Gulley argues that after being sentenced for the same offenses under both the misdemeanor and felony portions of then-existent section 97-23-19, he was unlawfully imprisoned and is now entitled to be released. He argues that since he has paid his fine imposed under the misdemeanor portion of the embezzlement statute, he should be released from the penitentiary sentence imposed upon him under the felony portion of the statute. At the time of Gulley's conviction, section 97-23-19 provided that upon conviction of embezzlement, the defendant shall be imprisoned in the penitentiary not more than ten years, or fined not more than one thousand dollars and imprisoned in the county jail not more than one year, or either. Gulley was sentenced under the felony portion of the statute, as it then existed. Section 99-19-32 gives trial judges the authority to impose fines when no fine is provided elsewhere in the statute. The authority to impose both a prison sentence and a statutory fine is granted by two separate and distinct statutes and therefore, the judge had the authority to impose a fine when he imposed penitentiary sentences under the felony portion of the applicable embezzlement statute which provided no fine when imposing the felony sentence. |
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