Mims v. State

Ness, Justice:

This is an appeal by the State from an order of the circuit court directing that parole eligibility for the respondents, Terry Lee Mims, Johnny Melvin Moore, and Rudolph Powers, be determined solely upon the six year period of confinement to which each was sentenced, without considering the additional five year “consecutive, suspended” sentence imposed upon each respondent. We reverse.

In March of 1976, respondents Mims, Moore, and Powers entered guilty pleas to numerous indictments. Each was sentenced on one of the indictments to a term of six years, on a second indictment to…