Carlos Dewayne Jefferson v. State of Mississippi
Annotate this Case
Download PDF
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2001-KA-01868-COA
CARLOS DEWAYNE JEFFERSON
APPELLANT
v.
STATE OF MISSISSIPPI
DATE OF TRIAL COURT JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
APPELLEE
8/28/2001
HON. LILLIE BLACKMON SANDERS
WILKINSON COUNTY CIRCUIT COURT
CHARLES E. MILLER
OFFICE OF THE ATTORNEY GENERAL
BY: JOHN R. HENRY
RONNIE LEE HARPER
CRIMINAL - FELONY
MOTION FOR RE-SENTENCING DENIED
AFFIRMED - 12/17/2002
BEFORE SOUTHWICK, P.J., BRIDGES AND MYERS, JJ.
SOUTHWICK, P.J., FOR THE COURT:
¶1.
Carlos Jefferson pled guilty to a charge of felony possession of a controlled substance. On appeal
Jefferson argues that his sentence resulted from consideration of improper reasons and constitutes cruel
and unusual punishment. We disagree and therefore affirm.
FACTS
¶2.
Carlos DeWayne Jefferson was indicted on the charge of felony possession of 4.6 grams of cocaine
with intent to sell or distribute. Because of a prior drug conviction, the indictment also called for an
enhanced sentence on the charge. Following negotiations with the prosecution, Jefferson entered a plea of
guilty to simple possession without the sentence enhancement. Upon defense motion, sentencing was
deferred and the court ordered a pre-sentencing investigative report.
¶3.
At the sentencing hearing, Jefferson testified to his reformed character. He also presented two
character witnesses. There was also testimony on the following: at the time of his arrest, Jefferson
possessed substantial cash and a 9-millimeter Glock handgun; Jefferson had three prior misdemeanor
possession convictions; as of the day of sentencing, Jefferson had both misdemeanor and felony possession
charges pending against him in Louisiana and Texas.
¶4.
Jefferson was sentenced to twelve years in custody. The initial sentencing order contained an error
to the effect that Jefferson had been convicted of possession with intent to sell rather than simple
possession. The defendant submitted a motion to re-sentence which included a request to correct this
error. At the hearing on the motion, the trial court granted the motion to remove the reference to sales in
the sentencing order but refused to reduce the twelve-year sentence.
DISCUSSION
1. Propriety of sentencing considerations
¶5.
Jefferson argues that in sentencing, the trial court improperly considered charges pending against
him in other jurisdictions that had not resulted in conviction. He asserts that this violated his constitutional
right to be presumed innocent until proven guilty on the other charges.
¶6.
The sentencing transcript reveals the following exchange took place:
THE COURT: Okay. Mr. Jefferson, I'm going to be honest with you. I haven't seen
anything that would impress me to give you a probationary sentence. You haven't worked
since June?
A:
Ma'am?
2
Q:
You haven't worked since June?
A:
I know. I started back helping my grandfather but he recently took sick like at the
end of July.
Q:
Okay.
A:
I could have obtained a job before then but I was going to court in different places
and my father didn't want to speak for me until I finished everything.
Q:
You were going to court in different places each time for having what I consider
large amounts of drugs?
A:
Yes, ma'am. Well, the only time that it was really mine is when we were coming
from Texas.
MR. MILLER: Your honor, can we have that stricken from the record because he has
already pled the Fifth?
THE COURT: No, sir. I didn't ask him to say it. I'm not striking anything from the
record. The Court is going to sentence you at this time, and the only reason I'm not going
to give you the maximum sentence is because you have pled, the Court is going to sentence
you to a period of 12 years in the Mississippi Department of Corrections. This Court
believes that you are a drug dealer. That will be the order of the Court. Take him into
custody.
¶7.
Jefferson was told during his plea hearing that he could receive a sentence of probation or as much
as sixteen years imprisonment, the statutory range for this crime. The sentence given was within that
statutory range. Normally, a sentence consistent with the statutory parameters will not be disturbed.
Corley v. State, 536 So. 2d 1314, 1319 (Miss. 1988).
¶8.
Jefferson's point is that this case is exceptional because the sentence considerations were improper,
which might have increased the sentence that he was given. A pre-sentence report likely will include
information about other charges against a defendant, whether they have resulted in convictions or not. A
trial judge may consider all relevant factors when establishing a sentence, including a defendant's
explanation about such information. The trial judge indicated that she did not believe Jefferson's assertions
3
of reform in just a few short months from his admitted crime. That was within her discretion to determine.
2. Cruel and unusual punishment
¶9.
Jefferson also argues his twelve-year sentence is disproportionately harsh for the crime he
committed and therefore constitutes cruel and unusual punishment prohibited under the Eighth Amendment
of the federal Constitution. Jefferson's only argument as to why twelve years is an unjustly harsh
punishment is that possession of cocaine is a victimless crime which constituted no danger to the community.
He also suggests by inference that because diversionary programs, such as drug courts, are available and
were apparently not considered at all by the trial court, there is almost a per se violation of the Eighth
Amendment.
¶10.
We find Jefferson's reasons why leniency was proper to be less than persuasive. He has presented
no evidence to suggest that imprisonment is outside the norm of accepted methods of punishing the offense.
¶11. THE DISMISSAL OF THE MOTION FOR RE-SENTENCING BY THE WILKINSON
COUNTY CIRCUIT COURT IS AFFIRMED. COSTS OF THIS APPEAL ARE ASSESSED TO
THE APPELLANT.
McMILLIN, C.J., KING, P.J., BRIDGES, THOMAS, LEE, IRVING, MYERS,
CHANDLER AND BRANTLEY, JJ., CONCUR.
4
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.