White v. State
| Docket Number: | 2010-KA-01885-COA Linked Case(s): 2010-KA-01885-COA ; 2010-CT-01885-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-12-2012 Opinion Author: Irving, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Felony child neglect - Sufficiency of evidence - Gender discrimination - Excessive sentence - Section 97-5-39(1)(c) Judge(s) Concurring: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-04-2010 Appealed from: Jefferson County Circuit Court Judge: Lamar Pickard Disposition: RONDELL WHITE SR. - CONVICTED OF FELONY CHILD NEGLECT AND SENTENCED TO TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH EIGHT YEARS TO SERVE, TWO YEARS SUSPENDED, AND TWO YEARS OF POST - RELEASE SUPERVISION. CHERRELLE JONES - CONVICTED OF FELONY CHILD NEGLECT AND SENTENCED TO TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH FOUR YEARS TO SERVE, SIX YEARS SUSPENDED, AND SIX YEARS OF POST-RELEASE SUPERVISION District Attorney: Alexander C. Martin Case Number: 2010-30KR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Rondell White, Sr. a/k/a Rondell White and Cherrelle Jones a/k/a Cherrele Jones |
ERIN E. PRIDGEN
TESELYN M. FUNCHES |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LISA L. BLOUNT JESSICA L. PERRI |
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| Topic: | Felony child neglect - Sufficiency of evidence - Gender discrimination - Excessive sentence - Section 97-5-39(1)(c) |
| Summary of the Facts: | Rondell White Sr. and Cherrelle Jones were convicted of felony child neglect. The circuit court sentenced White to ten years, with eight years to serve, two years suspended, and two years of post-release supervision. The court sentenced Jones to ten years, with four years to serve, six years suspended, and six years of post-release supervision. They appeal. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Both White and Jones argue that there is insufficient evidence to support their felony child-neglect convictions, because the State failed to prove that they knowingly permitted the victim’s continuous physical abuse. The State presented evidence that the victim was primarily in White’s and Jones’s care when he was injured. Furthermore, White and Jones failed to offer plausible explanations for his injuries. Dr. Benton opined that the victim’s injuries were not self-inflicted or accidental, and he eliminated Jones’s explanations concerning the victim’s alleged fall from the bed and a possible incident with another child as the cause of the victim’s injuries. Based on the evidence in the record, a rational trier of fact could have found Jones and White guilty of felony child neglect beyond a reasonable doubt. Issue 2: Gender discrimination White argues that the circuit court discriminated against him during the trial’s sentencing phase. Specifically, White alleges that the court imposed a greater sentence on him because he is male. As a general rule, a sentence cannot be disturbed on appeal so long as it does not exceed the maximum term allowed by statute. Even though White claims that his sentence should have been identical to or less than Jones’s sentence, his sentence does not exceed the maximum term allowed under section 97-5-39(1)(c). Thus, there is no error. |
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