Lewis v. State


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Docket Number: 2003-KA-01532-COA
Linked Case(s): 2003-CT-01532-SCT ; 2003-KA-01532-COA

Court of Appeals: Opinion Link
Opinion Date: 09-21-2004
Opinion Author: Lee, P.J.
Holding: Affirmed

Additional Case Information: Topic: Aggravated assault & Simple assault - Jury instruction - Section 97-3-7 (1) - Excessive sentence
Judge(s) Concurring: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis and Barnes, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY
Writ of Certiorari: Denied
Appealed from Court of Appeals

Trial Court: Date of Trial Judgment: 06-26-2003
Appealed from: Panola County Circuit Court
Judge: Ann H. Lamar
Disposition: CONVICTED OF COUNT I AGGRAVATED ASSAULT AND SENTENCED TO FIFTEEN YEARS; COUNT II SIMPLE ASSAULT AND SENTENCED TO SIX MONTHS TO RUN CONCURRENTLY TO COUNT I, BOTH TO BE SERVED IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH FIVE YEARS' POST-RELEASE SUPERVISION AND PAY $100 TO THE CRIME VICTIMS COMPENSATION FUND.
District Attorney: Robert Kelly
Case Number: CR2003-8-L-P1

  Party Name: Attorney Name:  
Appellant: Larry Lewis




D. REID WAMBLE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART  

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Topic: Aggravated assault & Simple assault - Jury instruction - Section 97-3-7 (1) - Excessive sentence

Summary of the Facts: Larry Lewis was found guilty of aggravated assault on Count I and guilty of simple assault on Count II. He was sentenced to fifteen years for aggravated assault and six months for simple assault. He appeals.

Summary of Opinion Analysis: Issue 1: Jury instruction Lewis argues that the court erred in granting a jury instruction which effectively amended the indictment from aggravated assault to attempted aggravated assault. Pursuant to section 97-3-7 (1), attempted assault falls within the meaning of assault. The indictment mentions the statute number of the crime Lewis was to be prosecuted for and tracks the language of the statute. Therefore, the court did not err in granting the instruction. Issue 2: Excessive sentence Lewis argues that the sentence of fifteen years was too severe for the crime. A sentence is not subject to appellate review if it is within the limits prescribed by statute. The maximum sentence for aggravated assault is twenty years. Therefore, Lewis’ sentence was not excessive.


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