Foreman v. State
2011 Miss. LEXIS 38
| Miss. | 2011Background
- Foreman was convicted of six felonies arising from attempting to fire a handgun and discharging it into a car.
- Foreman argues the sentences for four aggravated assaults, one murder, and one shooting-into-a-vehicle violate double jeopardy and merger and that one sentence exceeded the statutory maximum.
- The trial court declined to dismiss three aggravated-assault counts; the court also imposed an illegal sentence for shooting into a vehicle.
- Foreman admitted pointing a nine-millimeter gun at Jones’s car and testified the gun accidentally fired after an initial attempted shot.
- The first attempt to discharge the gun supports an aggravated-assault conviction, while the actual discharge supports murder and shooting-into-a-vehicle; the cases relied on by the court apply Blockburger and merger principles.
- The Mississippi Supreme Court remanded for resentencing on the illegal sentence and vacated three aggravated-assault convictions, affirming the murder and one aggravated-assault conviction and the shooting-into-a-vehicle conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court should have dismissed counts on double-jeopardy/merger grounds | Foreman contends all six counts stem from a single act | State asserts multiple acts and evidence support separate offenses | No double-jeopardy violation; but three aggravated-assault convictions vacated. |
| Whether murder and shooting-into-a-vehicle and aggravated assault violate double jeopardy | Foreman argues duplicative sentencing for same act | State argues Blockburger supports separate offenses | No double-jeopardy violation; distinct elements support separate offenses. |
| Whether the sentence for shooting into a vehicle was illegal | Ten-year sentence exceeds statutory maximum | Sentence may reflect judicial discretion | Ten-year sentence illegal; remand for resentencing consistent with statute. |
Key Cases Cited
- Blockburger v. United States, 284 U.S. 299 (1932) (establishes Briockburger test for multiple offenses with single act)
- Graves v. State, 969 So.2d 845 (Miss. 2007) (distinguishes overlapping offenses when elements differ; supports no merger)
- Oliver v. State, 856 So.2d 328 (Miss. 2003) (precedential reference on double jeopardy issues)
- Peacock v. State, 970 So.2d 197 (Miss. Ct. App. 2007) (cites related double-jeopardy applications)