Black v. State
| Docket Number: | 2003-CP-02694-COA Linked Case(s): 2003-CT-02694-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-23-2004 Opinion Author: Myers, J. |
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| Additional Case Information: |
Topic: Post-conviction relief - Suspension of sentence - Successive motion Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Chandler, Griffis, Barnes and Ishee, JJ. Concurs in Result Only: Irving, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 08-05-2003 Appealed from: Lee County Circuit Court Judge: Sharion R. Aycock Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED District Attorney: John Richard Young Case Number: CV0l-033(B)L |
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| Party Name: | Attorney Name: | |||
| Appellant: | Eddie Black |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 - Suspension of sentence - Successive motion |
| Summary of the Facts: | Eddie Black pled guilty to the sale of controlled substances. Black was sentenced to serve a term of two concurrent twenty year sentences. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Black argues that the court was without authority to suspend any portion of his sentence, as he is a prior convicted felon. To hold that this sentence is improper would allow defendants the ability to conceal prior convictions to the court, accept the sentence imposed by the trial court, and then have a “free pass” to overturn that sentence if it does not meet the defendant’s expectations. If the trial court had been aware of his previous felony, Black would have received the entire sentence. Black received one-fifth of the sentence which should have been imposed. In addition, Black’s appeal is barred as a successive writ. Black’s first motion for post-conviction relief was denied on February 16, 2001. |
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