State v. Hayes
| Docket Number: | 2003-KA-00781-COA Linked Case(s): 2003-KA-00781-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-24-2004 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Armed robbery & Aggravated assault - Suspended sentence - Section 47-3-33 - Section 97-3-79 Judge(s) Concurring: King, C.J., Bridges, P.J., Lee, Irving, Myers and Griffis, JJ. Judge(s) Concurring Separately: Irving, J. Votes: Bridges, P.J., joins this opinion. Non Participating Judge(s): Barnes, J. Procedural History: Guilty Plea Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-03-2003 Appealed from: Humphreys County Circuit Court Judge: Jannie M. Lewis Disposition: CONVICTED OF ONE COUNT OF ARMED ROBBERY AND ONE COUNT OF AGGRAVATED ASSAULT. SENTENCED TO A TERM OF TEN YEARS ON EACH COUNT. HE IS GIVEN CREDIT FOR ONE YEAR THAT HE HAS SERVED IN CONFINEMENT AND THE REMAINING NINE YEARS ARE SUSPENDED, AND HE IS PLACED ON SUPERVISED PROBATION FOR THREE YEARS. THE SENTENCES SHALL RUN CONCURRENTLY. Case Number: 5696 |
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| Party Name: | Attorney Name: | |||
| Appellant: | State of Mississippi |
JAMES H. POWELL, III |
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| Appellee: | Tony Hayes | WHITMAN D. MOUNGER |
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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: | Armed robbery & Aggravated assault - Suspended sentence - Section 47-3-33 - Section 97-3-79 |
| Summary of the Facts: | Tony Hayes entered a guilty plea for the crimes of armed robbery and aggravated assault. The judge sentenced him on both counts concurrently to ten years, with credit given for the one year served in confinement prior to the entry of his guilty plea. The judge suspended the remaining nine years of his sentence, placing him on supervised probation for a period of three years. The State appeals. |
| Summary of Opinion Analysis: | The State argues that the sentence given does not conform with statutory limits, and the judge was precluded from suspending any part of Hayes’ sentence by the provision of section 47-3-33 which limits the exercise of judicial discretion when a life sentence may be imposed for the crime. Pursuant to section 47-3-33(1), the court may suspend the sentence given and order the defendant to be placed on probation except where the defendant previously has been convicted of a felony or the maximum sentence which may be imposed is life imprisonment or the death penalty. Under section 97-3-79, a person found guilty of armed robbery shall be imprisoned for life in the state penitentiary if the penalty is so fixed by the jury. Hayes was not found guilty and sentenced by a jury but was sentenced by the judge after entering a plea of guilty. Thus, the judge had the statutory authority, pursuant to section 47-7-33, to suspend any part of Hayes’ sentence to the extent that the ends of justice and the best interest of the public, as well as the defendant, will be served thereby. |
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