for the Court:
Benny Ray Singleton appeals his conviction in the circuit court of Hancock County of capital rape — carnal knowledge of a female under twelve years of age in violation of Miss.Code Ann. § 97-3-65(1), and sentence to life imprisonment. The only issue we address on appeal is the district attorney’s reneging on its plea bargain with Singleton. Finding that Singleton was not prejudiced in his defense by such withdrawal by the State, we affirm.
FACTS
Singleton was indicted by a grand jury of Hancock County of having carnal knowledge of a female eleven years of age. The district attorney made an offer in return for a plea of guilty to recommend a ten-year prison sentence to be suspended, and Singleton placed on three years probation. Defense counsel accepted.
The district attorney later backed out of the agreement. At the beginning of trial, defense counsel moved the court to require the State to live up to its bargain, which the circuit judge overruled. The case proceeded to trial, Singleton was convicted, and now appeals.
Prefatorily we note this is not a ease in which the State announced its decision to withdraw the bargain after a plea of guilty had been entered in court. Salter v. State,
Other than keen disappointment, there is nothing in the record to suggest, nor does Singleton intimate on appeal, that his defense was prejudiced in any way by the district attorney backing out of the deal. Mabry v. Johnson,
CONVICTION OF RAPE — CARNAL KNOWLEDGE OF A FEMALE UNDER TWELVE (12) YEARS OF AGE AND SENTENCE OF LIFE IMPRISONMENT AFFIRMED.
