Legal Opinion

Smith v. State

Court of Appeals of Mississippi

Decided December 2, 2008No. 2007-CA-01934-COAPublished

1Opinion of the Court

ROBERTS, J.,

for the Court.

¶ 1. Chester Smith, Jr., pled guilty to armed robbery. The DeSoto County Circuit Court originally sentenced Smith to thirty years in the custody of the Mississippi Department of Corrections with twenty years to serve followed by ten years post-release supervision. However, because the circuit court was concerned about remarks and nonverbal communications by Smith that could reasonably be interpreted as threatening, the circuit court did not file Smith’s sentencing order. Additionally, the circuit court instructed escorting authorities to report back if Smith made…

2Cases cited5 opinions

  1. Hoops v. StateMississippi Supreme Court · 1996
  2. Mitchell v. StateMississippi Supreme Court · 2001
  3. Miss. Com'n of Jud. Perform. v. RussellMississippi Supreme Court · 1997
  4. Jackson v. SchwartzMississippi Supreme Court · 1970
  5. Ales v. StateCourt of Appeals of Mississippi · 2006

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