Jones v. State
| Docket Number: | 2003-CP-00910-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-24-2004 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-5(2) - Illegal sentence Judge(s) Concurring: King, C.J., Bridges, P.J., Lee, Myers, Chandler and Griffis, JJ. Non Participating Judge(s): Barnes, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 04-11-2003 Appealed from: Calhoun County Circuit Court Judge: Henry L. Lackey Disposition: DENIED MOTION TO VACATE PORTIONS OF SENTENCE District Attorney: Benjamin F. Creekmore Case Number: C2002-056 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Frankie Jones |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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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 - Time bar - Section 99-39-5(2) - Illegal sentence |
| Summary of the Facts: | Frankie Jones entered pleas of guilty to two separate charges of sale of cocaine, one charge of simple assault on a law enforcement officer, and one charge of escape. He was sentenced on each of the cocaine convictions to concurrent terms of fifteen years, with five years suspended and three years of supervised probation upon release. He was sentenced to three years on the simple assault charge and three years for the escape charge, with both of the three-year terms running concurrently with the sentences for the cocaine convictions. He filed a motion for production of documents which the court denied. Jones filed a motion to vacate which the court also denied. Jones appeals. |
| Summary of Opinion Analysis: | Jones argues that the court gave him an illegal sentence by including a period of suspended time and a period of post-release probation in his sentence, because he was already a convicted felon. Jones' initial motion for production of documents and his motion to vacate portions of state court sentences were filed well beyond the three-year time period mandated by section 99-39-5(2). Although Jones is correct in his assertion that no portion of his 1998 sentences for the sale of cocaine should have been suspended since he, at that time, was a prior convicted felon, a defendant cannot stand mute when he is handed an illegal sentence which is more favorable than what the legal sentence would have been, reap the favorable benefits of that illegal sentence, and later claim to have been prejudiced as a result thereof. |
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