Murrell v. City of Indianola
| Docket Number: | 2002-KM-00390-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-28-2003 Opinion Author: Lee, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Domestic violence - Jurisdiction - Section 21-23-7 - Prior conviction Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CRIMINAL - MISDEMEANOR |
|
| Trial Court: |
Date of Trial Judgment: 02-15-2002 Appealed from: Sunflower County Circuit Court Judge: Margaret Carey-McCray Disposition: SIMPLE DOMESTIC VIOLENCE - SENTENCE TO SERVE SIX MONTHS IN THE COUNTY JAIL. District Attorney: Richard G. Noble Case Number: 2000-0005K |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Daniel Murrell, Sr. |
LELAND H. JONES |
||
| Appellee: | City of Indianola, Mississippi | RICHARD G. NOBLE |
|
|
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: | Domestic violence - Jurisdiction - Section 21-23-7 - Prior conviction |
| Summary of the Facts: | Daniel Murrell, Sr. was convicted of domestic violence in municipal court. He appealed his conviction to circuit court, and the judge found him guilty of simple domestic violence and sentenced him to serve six months in the county jail. Murrell appeals. |
| Summary of Opinion Analysis: | Issue 1: Jurisdiction Murrell argues that the municipal court's decision to continue the case for one year before sentencing operated to deprive the court of jurisdiction over him. Section 21-23-7 authorizes the municipal judge to suspend the sentence and to suspend the execution of the sentence, or any part thereof, on such terms as may be imposed. The municipal judge found Murrell guilty and used his discretion in determining an appropriate sentence and fine. After postponing sentencing pending counseling, the municipal judge had two years within which to impose or execute the sentence upon Murrell if he violated a condition of the suspension. Murrell was found guilty in November 1998, charged with another act of domestic violence in September 1999, and was ultimately sentenced in February 2000, well within the two years prescribed by the statute. Issue 2: Prior conviction Murrell argues that the City did not provide proper documentation of his prior conviction for domestic violence, second offense. Although the judge dismissed any second offense aspect of the charge, after considering the evidence and testimony, the judge found beyond a reasonable doubt that Murrell was guilty of simple domestic violence. Therefore, there is no merit to this issue. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
