87 So. 3d 484
Miss. Ct. App.2011Background
- Ross and three other men were indicted for armed robbery and conspiracy to commit armed robbery in Lee County, Mississippi.
- Ross pleaded guilty to armed robbery; the conspiracy charge was dismissed in exchange.
- Ross was sentenced to 30 years in the Mississippi Department of Corrections with 18 years suspended and 5 years post-release supervision.
- Ross filed a post-conviction relief motion alleging the indictment charged the wrong statute and that a co-defendant received a lesser sentence for a lesser offense.
- The trial court denied relief and Ross appeals the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ross was properly sentenced under the correct parole statute | Ross argues 47-7-3(1)(d)(i) applies, not (d)(ii). | State argues (d)(ii) governs crimes after Oct. 1, 1994 including armed robbery when a firearm is displayed. | Ross properly sentenced under (d)(ii). |
| Whether the co-defendant's lesser plea and sentence violated due process or rendered Ross's sentence improper | Ross contends his sentence is disproportionate due to co-defendant plea/sentence disparity. | Disparity allowed; sentences within statutory guidelines and not identical for co-conspirators. | No due process or sentencing error; within statutory guidelines; affirmed. |
Key Cases Cited
- Banks v. State, 37 So.3d 81 (Miss.Ct.App.2009) (distinguishes application of (d)(i) vs (d)(ii))
- Vaughn v. State, 964 So.2d 509 (Miss.Ct.App.2006) (discretion in sentencing within statutory guidelines)
- Edwards v. State, 800 So.2d 454 (Miss.2001) (sentences within maximum term cannot be disturbed on appeal)
- Collins v. State, 822 So.2d 364 (Miss.Ct.App.2002) (no requirement co-conspirators receive identical sentences)
- Jones v. State, 669 So.2d 1383 (Miss.1995) (support for sentence within plea negotiation framework)