Maycock v. Reed, No. 49120

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtBefore GILLESPIE, C.J., INZER, P.J., and ROBERTSON; INZER; GILLESPIE
Citation328 So.2d 349
PartiesTommy G. MAYCOCK v. Jack K. REED, Superintendent, Mississippi State Penitentiary.
Decision Date16 March 1976
Docket NumberNo. 49120

Page 349

328 So.2d 349
Tommy G. MAYCOCK
v.
Jack K. REED, Superintendent, Mississippi State
Penitentiary.
No. 49120.
Supreme Court of Mississippi.
March 16, 1976.

Michael J. Malouf, Jackson, for appellant.

A. F. Summer, Atty. Gen., by Karen Gilfoy, Asst. Atty. Gen., Jackson, for appellee.

Before GILLESPIE, C.J., INZER, P.J., and ROBERTSON, J.

Page 350

INZER, Presiding Justice.

Tommy G. Maycock appeals from a judgment of the Circuit Court of the First Judicial District of Carroll County denying a writ of habeas corpus and dismissing his petition. We affirm.

Appellant filed his petition for writ of habeas corpus on April 25, 1975, alleging that on or about December 14, 1973, he was sentenced by the Circuit Court of Carroll County to serve a term of two years in the State Penitentiary for the unlawful sale of a controlled substance on a plea of guilty to each of four indictments, being Causes No. 2825, 2826, 2827 and 2828. It was alleged that the judgments imposing sentences were confusing as to whether they were to run concurrently or consecutively, and therefore must be construed to run concurrently. It was further alleged that petitioner had already served more than two years and was entitled to be discharged.

As an additional ground to support his petition, petitioner alleged that he was indicted and sentenced on four separate charges all of which arose out of a single transaction, and therefore, he was sentenced for four separate crimes when, in fact, only one crime was committed, and the sentencing for four separate crimes constituted double jeopardy in violation of his constitutional rights.

A hearing was had and the circuit judge denied the petition holding that the sentences were not ambiguous because under the statute they were to run consecutively. A judgment was entered denying the writ of habeas corpus. Hence, this appeal.

The first question raised on appeal is whether the sentences as imposed were to run consecutively or concurrently. The record reveals that appellant was indicted by the grand jury on four separate indictments for the violation of the controlled substances act. In Cause No. 2825, he was charged with selling marijuana on September 9, 1973, to J. Dempsey Newman for $30; in Cause No. 2826, he was charged with selling marijuana on September 9, 1973, to James K. Anthony for $45; in Cause No. 2827, he was charged with selling 150 tablets of LSD on September 9, 1973, to J. Dempsey Newman for $270; and in Cause No. 2828, he was charged with selling on September 9, 1973, 50 tablets of LSD to James K. Anthony for $70.

At the December 1973 term of the court, appellant, represented by retained counsel, entered separate pleas of guilty to each of the indictments. The judgment in Cause No. 2825 reads as follows:

This day into open Court came the District Attorney who prosecutes for the State of Mississippi and came also Tommy G. Maycock in his own proper person and represented by counsel and was lawfully arraigned upon an indictment lawfully returned by the Grand Jury of...

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11 practice notes
  • Pharr v. State, No. 55015
    • United States
    • United States State Supreme Court of Mississippi
    • December 5, 1984
    ...enforcement officers in a single series of Page 301 events on May 5, 1982, held to constitute three separate offenses); Maycock v. Reed, 328 So.2d 349, 352 (Miss.1976) (sale of two bags of marijuana to two different people and two batches of LSD to the same two people held to constitute fou......
  • Lee v. State, No. 55477
    • United States
    • United States State Supreme Court of Mississippi
    • February 13, 1985
    ...law enforcement officers in a single series of events on May 5, 1982, held to constitute three separate offenses); Maycock v. Reed, 328 So.2d 349, 352 (Miss.1976) (sale of two bags of marijuana took two different persons and two batches of LSD to the same two people held to constitute four ......
  • Barnette v. State, No. 55141
    • United States
    • United States State Supreme Court of Mississippi
    • October 30, 1985
    ...offenses. Lee v. State, 469 So.2d 1225, 1228-29 (Miss.1985); Dixon v. State, 465 So.2d 1092, 1096-97 (Miss.1985); Maycock v. Reed, 328 So.2d 349, 352 (Miss.1976). The separate convictions approved in those cases were far more closely related than in the case at The double jeopardy clauses o......
  • Alexander v. State, No. 1999-KA-00487-COA.
    • United States
    • Court of Appeals of Mississippi
    • January 9, 2001
    ...rise to separate and distinct offenses" as we have here. Laughter v. State, 241 So.2d 641, 643 (Miss.1970). In Maycock v. Reed, 328 So.2d 349, 352 (Miss.1976), the court found that where four indictments for separate crimes grew out of the same facts and circumstances, 811 So.2d 281 &q......
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11 cases
  • Pharr v. State, No. 55015
    • United States
    • United States State Supreme Court of Mississippi
    • December 5, 1984
    ...enforcement officers in a single series of Page 301 events on May 5, 1982, held to constitute three separate offenses); Maycock v. Reed, 328 So.2d 349, 352 (Miss.1976) (sale of two bags of marijuana to two different people and two batches of LSD to the same two people held to constitute fou......
  • Lee v. State, No. 55477
    • United States
    • United States State Supreme Court of Mississippi
    • February 13, 1985
    ...law enforcement officers in a single series of events on May 5, 1982, held to constitute three separate offenses); Maycock v. Reed, 328 So.2d 349, 352 (Miss.1976) (sale of two bags of marijuana took two different persons and two batches of LSD to the same two people held to constitute four ......
  • Barnette v. State, No. 55141
    • United States
    • United States State Supreme Court of Mississippi
    • October 30, 1985
    ...offenses. Lee v. State, 469 So.2d 1225, 1228-29 (Miss.1985); Dixon v. State, 465 So.2d 1092, 1096-97 (Miss.1985); Maycock v. Reed, 328 So.2d 349, 352 (Miss.1976). The separate convictions approved in those cases were far more closely related than in the case at The double jeopardy clauses o......
  • Alexander v. State, No. 1999-KA-00487-COA.
    • United States
    • Court of Appeals of Mississippi
    • January 9, 2001
    ...rise to separate and distinct offenses" as we have here. Laughter v. State, 241 So.2d 641, 643 (Miss.1970). In Maycock v. Reed, 328 So.2d 349, 352 (Miss.1976), the court found that where four indictments for separate crimes grew out of the same facts and circumstances, 811 So.2d 281 &q......
  • Request a trial to view additional results

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