Bennett v. State


<- Return to Search Results


Docket Number: 2002-KA-01692-SCT

Supreme Court: Opinion Link
Opinion Date: 02-12-2004
Opinion Author: Waller, P.J.
Holding: Dismissed

Additional Case Information: Topic: Post-conviction relief - Direct appeal - Section 99-35-101
Judge(s) Concurring: Pittman, C.J., Smith, P.J., Cobb, Easley, Carlson, Graves and Dickinson, JJ.
Non Participating Judge(s): Diaz, J.
Procedural History: Guilty Plea
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 08-06-2002
Appealed from: Newton County Circuit Court
Judge: Marcus D. Gordon
Disposition: Appellant pled guilty to two counts of selling cocaine within 1500 feet of a church and was sentenced to 10 years in the custody of the Mississippi Department of Corrections on Count I and to 5 years on Count II, the two sentences to run consecutively.
District Attorney: Ken Turner
Case Number: 02-CR-036-NW-G

  Party Name: Attorney Name:  
Appellant: Marcus Ricardo Bennett




JERRY L. BUSTIN



 

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

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: Post-conviction relief - Direct appeal - Section 99-35-101

Summary of the Facts: Marcus Bennett pled guilty to two counts of selling cocaine within 1500 feet of a church. He was sentenced to 10 years on Count I and to 5 years on Count II, the two sentences to run consecutively. He appeals.

Summary of Opinion Analysis: Although section 99-35-101 prohibits persons who have pled guilty to a crime from filing direct appeals to the Supreme Court, it does not prevent the Court from reviewing on direct appeal the sentence imposed upon someone who has pled guilty. Bennett's claims pertain to the enhancement of the sentence imposed, not the length of the sentence itself. Therefore, the appeal is dismissed for lack of jurisdiction.


Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court