Stewart v. State, 52495
| Decision Date | 04 March 1981 |
| Docket Number | No. 52495,52495 |
| Citation | 394 So.2d 1337 |
| Parties | Jacob STEWART v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
M. Charles May, C. Eiland Harris, Jackson, for appellant.
Bill Allain, Atty. Gen. by Karen Annette Gilfoy, Asst. Atty. Gen., Jackson, for appellee.
Before SMITH, P. J., and LEE, and BOWLING, JJ.
LEE, Justice, for the Court:
The armed robbery conviction of Jacob Stewart was affirmed by this Court on May 2, 1979, petition for rehearing was denied July 11, 1979, 1 and the case was remanded to the Circuit Court of Hinds County for imposition of a term reasonably expected to be less than life. The original sentence of appellant was seventy-five (75) years with the Mississippi Department of Corrections.
In the resentencing hearing, three (3) witnesses were introduced. One identified and gave testimony concerning a mortality table which indicated the life expectancy of appellant to be 50.37 years. The second witness testified that, from the information in hand, appellant was in reasonably good physical and mental health. A third witness, an employee of the Hinds County Circuit Clerk's Office, identified certain records pertaining to the sentences received by appellant's accomplices.
After the hearing, the lower court resentenced appellant to thirty-five (35) years with the Mississippi Department of Corrections. He has appealed from that sentence and contends that (1) the sentence was excessive when compared to the sentences of his accomplices in the crime, and (2) the mortality table was incorrectly admitted into evidence because it did not deal with the class of persons of which appellant was a member.
The court records indicate the following dispositions of the case against appellant's accomplices:
(1) Robert Flax was indicted but has not been tried. A bench warrant has been issued for his arrest.
(2) Oliver Alfred Walker was sentenced to five (5) years in the Mississippi Department of Corrections. However, those five years were suspended, and he was placed on five (5) years probation.
(3) Robert Earl Lewis was sentenced to fifteen (15) years with twelve (12) years suspended, and placed on five (5) years probation.
(4) Raymond Thomas, Jr. was sentenced to fifteen (15) years with twelve (12) years suspended, and placed on five (5) years probation.
Pleas of guilty were entered by Walker, Lewis and Thomas, and there is no record here as to the extent of their participation in the crime. Suffice it to say, the sentence imposed upon appellant was within the limits prescribed by the statute, and, in our opinion, was within the mandate of Stewart v. State, supra, since the sentence was...
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Hampton v. State
...to be less than life.” This language is not found in the statute. Additionally, Stewart I must be read with Stewart v. State (Stewart II ), 394 So.2d 1337, 1339 (Miss.1981), to appreciate the Court's holdings and clear distinctions from today's case. In Stewart I, the Court found that a sev......
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Foster v. State
...to be less than life.” This language is not found in the statute. Additionally, Stewart I must be read with Stewart v. State (Stewart II ), 394 So.2d 1337, 1339 (Miss.1981), to appreciate the Court's holdings and clear distinctions from today's case. In Stewart I, the Court found that a sev......
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Foster v. State, 2011-CT-01796-SCT
...to be less than life." This language is not found in the statute. Additionally, Stewart I must be read with Stewart v. State (Stewart II), 394 So. 2d 1337, 1339 (Miss. 1981), to appreciate the Court's holdings and clear distinctions from today's case. In Stewart I, the Court found that a se......
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Hampton v. State, 2011-CT-01641-SCT
...to be less than life." This language is not found in the statute. Additionally, Stewart I must be read with Stewart v. State (Stewart II), 394 So. 2d 1337, 1339 (Miss. 1981), to appreciate the Court's holdings and clear distinctions from today's case. In Stewart I, the Court found that a se......