Bennett v. State
Docket Number: | 2002-KA-01692-SCT | |
Supreme Court: | Opinion Link Opinion Date: 02-12-2004 Opinion Author: Waller, P.J. Holding: Dismissed |
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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 |
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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 |
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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. |
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. |
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