McGleachie v. State
| Docket Number: | 2011-CP-00798-COA Linked Case(s): 2011-CP-00798-COA ; 2011-CT-00798-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-26-2012 Opinion Author: Russell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Reduction of fine - Section 41-29-139(b)(1) - Section 41-29-147 Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 05-13-2011 Appealed from: Washington County Circuit Court Judge: HON. RICHARD A. SMITH Disposition: MOTION FOR POST-CONVICTION RELIEF GRANTED Case Number: 2010-0228-CI |
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| Party Name: | Attorney Name: | |||
| Appellant: | Danny McGleachie |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: 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. |
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| Topic: | Post-conviction relief - Reduction of fine - Section 41-29-139(b)(1) - Section 41-29-147 |
| Summary of the Facts: | Danny McGleachie was convicted of possession of cocaine with intent to distribute. He was sentenced as a subsequent offender to sixty years and ordered to pay a fine of $6,000,000. His conviction was affirmed on appeal. The Mississippi Supreme Court granted McGleachie leave to proceed with his PCR motion in the circuit court, limited to the claim that the $6,000,000 fine was illegal. McGleachie filed a PCR motion, arguing that the $6,000,000 fine exceeded the maximum amount allowed by statute. The circuit court entered an order granting McGleachie’s PCR motion and reduced the fine from $6,000,000 to $2,000,000 in accordance with the applicable statute. McGleachie’s sixty-year sentence was left intact. McGleachie appeals. |
| Summary of Opinion Analysis: | McGleachie argues that the circuit court’s reduction of the fine imposed against him from $6,000,000 to $2,000,000 was not a big enough reduction. Sentencing is within the complete discretion of the trial court and is not subject to appellate review if it is within the limits prescribed by statute. McGleachie was fined $1,000,000, as allowed by section 41-29-139(b)(1), which was doubled under section 41-29-147 for a person convicted of a second or subsequent offense. Thus, the $2,000,000 fine was within the limits prescribed by statute. |
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