Legal Opinion · Concurring in part, dissenting in part

Ricky Lee Shies v. State of Mississippi

Court of Appeals of Mississippi

Decided February 16, 2016No. 2014-CP-01351-COAPublished

1Concurring in part, dissenting in partBarnes, J.

¶ 20. I cannot accept the majority’s conclusion that this Court has no power to grant Shies relief from his illegal sentences and, therefore, dissent in part. The majority cites Robinson v. State, 849 So.2d 157 (Miss.Ct.App.2003), to support its finding that this Court lacks authority to amend Shies’s sentences. However, I find Robinson wholly inapplicable to the present situation. Robinson did not concern the imposition of an illegal sentence; it simply addressed-a petitioner’s motion to reconsider and reduce his sentence after entering his guilty plea and after the term of court had ended.…

2Cases cited11 opinions

  1. Peyton v. RoweSupreme Court of the United States · 1968
  2. Garlotte v. FordiceSupreme Court of the United States · 1995
  3. Hoover v. StateTennessee Supreme Court · 2007
  4. Graves v. StateCourt of Appeals of Mississippi · 2002
  5. Crosby v. StateCourt of Appeals of Mississippi · 2009

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