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Kline v. State

March 23, 1999

ROSIE MARIE KLINE APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



DATE OF JUDGMENT: 11/12/1997

TRIAL JUDGE: HON. MIKE SMITH

COURT FROM WHICH APPEALED: WALTHALL COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: 11/12/1997: DENIAL OF MOTION FOR RESENTENCING OR, IN THE ALTERNATIVE, FOR WITHDRAWAL OF GUILTY PLEA

DISPOSITION: AFFIRMED - 03/23/99

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

BEFORE BRIDGES, C.J., COLEMAN, AND IRVING, JJ.

IRVING, J.

¶1. Rosie Marie Kline entered a plea of guilty to a charge of aggravated assault and was sentenced to a term of fifteen years, eight years to serve with seven years on post-release supervision, in the custody of the Mississippi Department of Corrections. Aggrieved of this sentence, Kline filed a motion for resentencing or withdrawal of the plea, which the circuit court denied. Kline appeals to this Court raising the following issue as error:

I. THE COURT ABUSED ITS DISCRETION DURING THE SENTENCING OF THE DEFENDANT, WHEN IT TOTALLY DISREGARDED THE PLEA BARGAIN RECOMMENDATION OF THE DISTRICT ATTORNEY AND SENTENCED THE DEFENDANT TO A SUBSTANTIALLY HIGHER PRISON TERM; AND THEN OVERRULED DEFENDANT'S MOTION FOR RESENTENCING OR FOR WITHDRAWAL OF PLEA, WHICH WAS SUPPORTED BY THE PROSECUTION.

ΒΆ2. Finding no error, ...


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