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Seal v. State

Court of Appeals of Mississippi

October 1, 2013

Stephen E. SEAL a/k/a Bo Seal a/k/a Stephen Seal, Appellant
v.
STATE of Mississippi, Appellee.

Rehearing Denied Jan. 7, 2014.

Page 595

Stephen E. Seal, appellant, pro se.

Office of the Attorney General by Elliott George Flaggs, attorney for appellee.

Before GRIFFIS, P.J., MAXWELL and FAIR, JJ.

GRIFFIS, P.J.

¶ 1. Stephen Seal appeals the denial of his motion for post-conviction collateral relief (PCCR) and his amended motion for PCCR. Seal argues that the trial court erred in the denial of his motions because his constitutional rights were violated by the sentence imposed. We find no error and affirm.

¶ 2. In Seal v. State, 38 So.3d 635, 636-637 (¶ 2) (Miss.Ct.App.2010), we considered the facts presented:

On March 6, 2006, Seal got off work, picked up his friend John Bell, and purchased some marijuana. After smoking the marijuana, Seal and Bell purchased a muzzle-loader rifle and went to Xan Steed's home. Laurie Thomas was visiting Steed when Seal and Bell arrived. Upon his arrival, Seal took his recently-purchased rifle into the house to show it off. During the course of his visit, while in the bedroom of the house with Bell, Thomas, and Steed, Seal began waving the rifle around making a noise as if he were firing the rifle. Thereafter, Bell handed Seal a pistol, and Seal began to wave the pistol around in the same manner as he had previously done with the rifle. While waving the pistol around, Seal pulled the trigger, and a bullet from the pistol struck Thomas in her forehead. Bell ran from the house. Initially Seal ran after Bell, but he returned to the house. When Seal returned to the house, Steed told him to call 911. Seal and Steed remained at the house with Thomas until emergency assistance arrived. Thomas and her unborn child subsequently died as a result of their injuries.

¶ 3. Seal was charged with two counts of culpable-negligence manslaughter under Mississippi Code Annotated section 97-3-47 (Rev.2006). On January 9, 2008, Seal pled guilty. Seal admitted that he shot and killed Thomas and her unborn child. Seal was sentenced to serve twenty years for each count of manslaughter, and the sentences were ordered to run concurrently.

¶ 4. The trial judge later indicated that she believed that she should have suspended some of Seal's sentence. However, the trial judge informed the attorneys that because the sentences were imposed during a vacation term, she did not have the authority to amend the sentences.

¶ 5. On January 22, 2008, Seal filed a motion for a reduction of his sentence. The circuit court denied the motion by order dated July 15, 2008. On August 7, 2008, Seal filed a motion requesting that the trial court designate and consider his motion for a reduction of his sentence as a PCCR motion. Seal then filed a notice of appeal on August 14, 2008. On October

Page 596

31, 2008, the trial judge denied Seal's August 7 motion.

¶ 6. This Court affirmed the trial judge's denial of the motion for a reduction of sentence. Id. at 638 (¶ 9). The Court also dismissed the appeal " without prejudice to Seal's right to pursue a proper motion for ...


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