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Thompson v. State

January 26, 1999

MARION EDWIN THOMPSON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



The opinion of the court was delivered by: Thomas, P.j.

DATE OF JUDGMENT: 08/25/1997

TRIAL JUDGE: HON. RICHARD WAYNE MCKENZIE

COURT FROM WHICH APPEALED: PERRY COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

TRIAL COURT DISPOSITION: POST-CONVICTION RELIEF DENIED

AFFIRMED

EN BANC

¶1. Marion Edwin Thompson appeals the denial of his motion for post- conviction relief. Aggrieved of this ruling, he appeals to this Court on the following grounds:

"I. THE SENTENCING ORDER HEREIN REFLECTS CONSECUTIVE SENTENCES, AND A COMMITMENT ORDER DRAFTED BY ALFRED LOTT, PERRY COUNTY CIRCUIT COURT CLERK REFLECTS CONCURRENT SENTENCES. WHILE ANOTHER COMMITMENT ORDER WAS EXECUTED AND SUBSEQUENTLY FILED, THERE IS SOME AMBIGUITY IN THE SENTENCING OF THE DEFENDANT;"

"II. DEFENDANT'S PAROLE ELIGIBILITY WOULD HAVE BEEN EXACTLY THE SAME IF HE WOULD HAVE BEEN TRIED, CONVICTED, AND SENTENCED TO LIFE IN PERRY COUNTY. THEREFORE, THE PLEA "BARGAIN" IS NO BARGAIN AT ALL IF THE RECOMMENDATION WAS ACTUALLY CONSECUTIVE;"

"III. THE DEFENDANT RELIED ON THE ERRONEOUS ADVICE OF HIS ATTORNEY AND ASSISTANT DISTRICT ATTORNEY GLENN L. WHITE THAT HE WOULD RECEIVE A CONCURRENT SENTENCE; AND"

"IV. THE CIRCUIT COURT OF GEORGE COUNTY NO LONGER HAD JURISDICTION TO CHANGE OR MODIFY THE ORIGINAL SENTENCE. IT IS CLEAR THAT THE PREVIOUSLY IMPOSED SENTENCE CANNOT BE MODIFIED, AS SAID SENTENCE WAS IMPOSED BY A JURY."

ΒΆ2. As some of the issues above are procedurally barred, we will address only the issue of whether Thompson's sentence in Perry County was to run concurrently or consecutively to a sentence he received in George County. Holding this assignment of error ...


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