Hampton v. State
Docket Number: | 2003-CP-00025-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 12-02-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
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Additional Case Information: |
Topic: Post-conviction relief - Defective indictment Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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Trial Court: |
Date of Trial Judgment: 11-21-2002 Appealed from: Lowndes County Circuit Court Judge: Lee J. Howard Disposition: DISMISSED District Attorney: Forrest Allgood Case Number: 2001-0022CV1 |
Party Name: | Attorney Name: | |||
Appellant: | Tony Hampton |
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. |
Topic: | Post-conviction relief - Defective indictment |
Summary of the Facts: | Tony Hampton filed a motion seeking relief from a guilty plea he entered to a felony indictment. The court treated the pleading as an action brought pursuant to Mississippi’s post-conviction relief statutes and denied the motion. Hampton appeals. |
Summary of Opinion Analysis: | Hampton argues that the indictment charging him with the sale of an illegal narcotic was fatally defective on its face because it failed to properly identify the nature of the narcotic substance and the quantity of drugs involved in the transaction. The indictment to which he pled guilty charges that he “did unlawfully . . . sell a controlled substance, to-wit: Cocaine, to Diane Lowe, in an amount of 1.25 grams . . . .” In addition, by entering a guilty plea, Hampton waived his right to a jury trial to dispute any of the essential factual elements of the crime laid out in the indictment. In a supplemental brief, Hampton also argues that there is a defect in his sentence arising out of the fact that the trial court erroneously believed that it was not within that court’s authority to order Hampton’s sentence to run concurrently with another sentence arising out of a federal conviction. A matter not raised initially before the trial court may not be raised for the first time on appeal. |
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