Antonio Collins v. State of Mississippi
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IN THE COURT OF APPEALS
OF THE
STATE OF MISSISSIPPI
NO. 2000-CP-01871-COA
ANTONIO COLLINS A/K/A ANTONIA F. COLLINS A/K/A ANTONIA
FONTEZ COLLINS
v.
STATE OF MISSISSIPPI
DATE OF TRIAL COURT JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
APPELLANT
APPELLEE
10/12/2000
HON. SAMAC S. RICHARDSON
RANKIN COUNTY CIRCUIT COURT
PRO SE
OFFICE OF THE ATTORNEY GENERAL
BY: DEWITT T. ALLRED III
CIVIL - POST-CONVICTION RELIEF
PETITION DENIED
AFFIRMED - 10/30/2001
11/20/2001
BEFORE KING, P.J., THOMAS, AND LEE, JJ.
THOMAS, J., FOR THE COURT:
¶1. Antonio Collins, pro se, appeals an order of the Circuit Court of Rankin County, Mississippi denying his
petition for post-conviction relief. Aggrieved, Collins perfected this appeal, raising the following issue as
error:
I. THE LOWER COURT COMMITTED MANIFEST ERROR IN DISMISSING
COLLINS' MOTION FOR POST-CONVICTION RELIEF.
Finding no error, we affirm.
FACTS
¶2. Collins pled guilty to charges of armed robbery and aggravated assault in June of 1999. Collins now
alleges that his sentence was unjust due to the fact that his co-indictees received lesser sentences.
ANALYSIS
I. DID THE LOWER COURT COMMIT MANIFEST ERROR IN DISMISSING
COLLINS' MOTION FOR POST-CONVICTION RELIEF?
¶3. Collins contends that it was illegal for the lower court to sentence him to a greater term than that
imposed on his co-indictees. There is no assertion that the sentence Collins received exceeded the limits
prescribed by statute.
¶4. The sentence imposed on Collins was within the statutory limits and within the discretion of the lower
court judge. There is no legal standard requiring co-indictees to receive identical sentences. Jones v. State,
699 So. 2d 1383, 1393 (Miss. 1995). "So long as the sentence imposed is within the statutory limits,
sentencing is generally a matter of trial court discretion." Wallace v. State, 607 So. 2d 1184, 1188 (Miss.
1992). An appellate court "will not review the sentence, if it is within the limits prescribed by statute." Reed
v. State, 536 So. 2d 1336, 1339 (Miss. 1988); see also Boyington v. State, 389 So. 2d 485 (Miss.
1980). Therefore, this argument is without merit.
¶5. THE JUDGMENT OF THE CIRCUIT COURT OF RANKIN COUNTY DENYING POSTCONVICTION RELIEF IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO
RANKIN COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, LEE, IRVING, MYERS,
CHANDLER AND BRANTLEY, JJ., CONCUR.
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