Ball v. State, No. 54438
| Court | United States State Supreme Court of Mississippi |
| Writing for the Court | Before PATTERSON; ROBERTSON; PATTERSON |
| Citation | 437 So.2d 423 |
| Parties | Albert BALL v. STATE of Mississippi. |
| Decision Date | 14 September 1983 |
| Docket Number | No. 54438 |
Page 423
v.
STATE of Mississippi.
Page 424
Albert Ball, pro se.
Bill Allain, Atty. Gen. by Charles W. Maris, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.
Before PATTERSON, C.J., and BOWLING and ROBERTSON, JJ.
ROBERTSON, Justice, for the Court:
I.
Albert Ball, seeking clarification of his sentence, presents two questions: First, when on the same day and as a part of the same occurrence, a person assaults three police officers, may he be subjected to three separate charges of assault? 1 Second, under such circumstances, may the accused be given three separate prison sentences which run consecutively?
We answer each question in the affirmative and uphold the Circuit Court's order dismissing Ball's petition.
II.
On August 19, 1982, the Grand Jury of Lowndes County returned three separate indictments against Albert Ball. In Case No. 7534, it was charged that on May 5, 1982, Ball committed a simple assault upon Doug Johnson, a law enforcement officer of Lowndes County, Mississippi. Next, in Case No. 7535, it was charged that on the same day, May 5, 1982, Ball committed a simple assault upon Carlton Howard, an officer of the City of Columbus Police Department. Finally, in Case No. 7536, it was charged that again on May 5, 1982, Ball committed a simple assault upon Don Bailey, another officer of the City of Columbus Police Department.
Thereafter, on August 30, 1982, Ball appeared before the Circuit Court of Lowndes County, Mississippi, and entered a plea of guilty to each of the three charges.
In No. 7534, following his plea of guilty to the charge of assault on Officer Doug Johnson, Ball was sentenced to serve a term of four years in the custody of the Mississippi Department of Corrections, "said sentence to run consecutively with the sentences imposed in Case Nos. 7535 and 7536".
In No. 7535, following his plea of guilty to the charge of assault on Officer Carlton Howard, Ball was sentenced to serve a term of four years in the custody of the Mississippi Department of Corrections, "said sentence to run consecutively with the sentences imposed in Case Nos. 7534 and 7536".
In No. 7536, following his plea of guilty to the charge of assault on Officer Don Bailey, Ball was sentenced to serve a term of four years in the custody of the Mississippi Department of Corrections, "said sentence
Page 425
to run consecutively with the sentences imposed in Case Nos. 7534 and 7535".III.
The courts of this state are open to persons incarcerated at the Mississippi State Penitentiary raising questions regarding the term or duration of their confinement. See, e.g., Hill v. State, 388 So.2d 143, 146 (Miss.1980); Watts v. Lucas, 394 So.2d 903 (Miss.1981); Davis v. State, 429 So.2d 262, 263 (Miss.1983); Segarra v. State, 430 So.2d 408, 409 (Miss.1983).
Rule 8.07 of the Uniform Criminal Rules of Circuit Court Practice provides a procedural vehicle which may be invoked by prisoners presenting such issues. Albert Ball has properly invoked that procedure. The Circuit Court having denied him relief, the matter has been brought within this Court's appellate jurisdiction. Ball's appeal is ripe for decision.
IV.
Ball does not challenge the voluntariness or the legality of his guilty pleas. Those pleas established for...
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Retzer v. Retzer, No. 89-CA-0589
...for support). b. Mike was ordered to pay $1,250 per month per child, which is less than 15% of his gross income. Compare with Tedford, 437 So.2d at 423 (where this Court had "no Page 602 inclination to disturb the Chancellor's decree" since the non-custodial parent was ordered to ......
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Pharr v. State, No. 55015
...v. State, 448 So.2d 927, 929 (Miss.1984) (two killings on the same occasion constitutes two offenses of capital murder); Ball v. State, 437 So.2d 423, 425 (Miss.1983) (assaults on three different law enforcement officers in a single series of Page 301 events on May 5, 1982, held to constitu......
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Faraga v. State, No. DP-62
...albeit in rapid succession, may be prosecuted for each criminal act. Pharr v. State, 465 So.2d 294, 299-301 (Miss.1984); Ball v. State, 437 So.2d 423, 425 (Miss.1983). But where no further evidence is needed to establish the lesser offense, once the prosecution has proved the greater offens......
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Lee v. State, No. 55477
...v. State, 448 So.2d 927, 929 (Miss.1984) (two killings on the same occasion constitute two offenses of capital murder); Ball v. State, 437 So.2d 423, 424 (Miss.1983) (assaults on three different law enforcement officers in a single series of events on May 5, 1982, held to constitute three s......
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Retzer v. Retzer, No. 89-CA-0589
...for support). b. Mike was ordered to pay $1,250 per month per child, which is less than 15% of his gross income. Compare with Tedford, 437 So.2d at 423 (where this Court had "no Page 602 inclination to disturb the Chancellor's decree" since the non-custodial parent was ordered to ......
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Pharr v. State, No. 55015
...v. State, 448 So.2d 927, 929 (Miss.1984) (two killings on the same occasion constitutes two offenses of capital murder); Ball v. State, 437 So.2d 423, 425 (Miss.1983) (assaults on three different law enforcement officers in a single series of Page 301 events on May 5, 1982, held to constitu......
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Faraga v. State, No. DP-62
...albeit in rapid succession, may be prosecuted for each criminal act. Pharr v. State, 465 So.2d 294, 299-301 (Miss.1984); Ball v. State, 437 So.2d 423, 425 (Miss.1983). But where no further evidence is needed to establish the lesser offense, once the prosecution has proved the greater offens......
-
Lee v. State, No. 55477
...v. State, 448 So.2d 927, 929 (Miss.1984) (two killings on the same occasion constitute two offenses of capital murder); Ball v. State, 437 So.2d 423, 424 (Miss.1983) (assaults on three different law enforcement officers in a single series of events on May 5, 1982, held to constitute three s......