Coffey v. State
| Docket Number: | 2002-CP-01305-COA Linked Case(s): 2002-CT-01305-SCT ; 2002-CT-01305-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-24-2003 Opinion Author: Thomas, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Sentence for escape - Section 97-9-49(1) - Concurrent sentences - Section 99-19-21(1) Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, 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: 07-15-2002 Appealed from: Harrison County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: POST-CONVICTION RELIEF DENIED. District Attorney: Cono A. Caranna, II Case Number: A2401-02-00351 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Anthony Gene Coffey |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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 - Sentence for escape - Section 97-9-49(1) - Concurrent sentences - Section 99-19-21(1) |
| Summary of the Facts: | Anthony Coffey pled guilty to aggravated assault, kidnaping, and escape. He was sentenced to seven years on both the aggravated assault and kidnaping counts to be served concurrently, and three years on the escape count to run consecutively with the aggravated assault and kidnaping sentences for a total of ten years. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sentence for escape Coffey argues that since he was being held as a pre-trial detainee and there was no former sentence as stated in section 97-9-49(1), the statute cannot apply. However, Coffey relies on a version of the statute which is no longer in existence. The revised section provides that if a prisoner is being held on felony charges, whether he has been convicted or not, then an escape may be punished by a term not to exceed five years in the penitentiary. Issue 2: Concurrent sentence Coffey argues that in the event his escape is subject to section 97-9-49(1), his sentence must run concurrently to his other sentences rather than consecutively. Whether or not a sentence is to be served concurrently or consecutively is clearly within the discretion of the judge according to section 99-19-21(1). |
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