Ronald J. Robinson v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2002-KP-00973-COA
RONALD J. ROBINSON
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
5/8/2002
HON. ROBERT WALTER BAILEY
LAUDERDALE COUNTY CIRCUIT COURT
RONALD J. ROBINSON (PRO SE)
OFFICE OF THE ATTORNEY GENERAL
BY: CHARLES W. MARIS
BILBO MITCHELL
CRIMINAL - FELONY
DENIED MOTION TO RECONSIDER DUE TO
LACK OF JURISDICTION.
AFFIRMED - 6/24/2003
BEFORE LEE, P.J., MYERS AND GRIFFIS, JJ.
MYERS, J., FOR THE COURT:
¶1.
Ronald Robinson pled guilty to the crime of aggravated assault in exchange for dropping several
other charges. He was sentenced to serve fifteen years in the custody of the Mississippi Department of
Corrections. The judgment and sentence were entered on October 7, 1999.
¶2.
On April 30, 2002, Robinson filed a motion asking the trial court judge to reconsider his sentence.
The trial judge denied the motion due to lack of jurisdiction. Robinson appealed the denial of his motion
to reconsider his sentence. After review, we agree with the trial court and affirm.
LEGAL ANALYSIS
¶3.
There are two ways in which a criminal may challenge a trial court proceeding: (1) a direct appeal,
or (2) a proceeding under the Post-Conviction Relief Act. Fleming v. State, 553 So. 2d 505, 506 (Miss.
1989). Robinson is not directly appealing his conviction, nor would a petition for post-conviction relief be
applicable due to the nature of the relief Robinson seeks. Robinson is seeking a reduction of his sentence.
¶4.
Robinson is incorrect in his assertion that a judge has authority to reduce a sentence even if a judge
does not have power to vacate a sentence after the term expires. A reduction or reconsideration of a
sentence by a judge must occur prior to the expiration of the sentencing term. Harrigill v. State, 403 So.
2d 867, 868-69 (Miss. 1981). The power to reduce the sentence after the expiration of the term is vested
in another branch of the government. The trial judge was correct to deny the request.
¶5.
THE JUDGMENT OF THE CIRCUIT COURT OF LAUDERDALE COUNTY
DENYING MOTION TO RECONSIDER SENTENCE IS AFFIRMED. COSTS OF THIS
APPEAL ARE ASSESSED TO LAUDERDALE COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE,
IRVING, CHANDLER AND GRIFFIS, JJ., CONCUR.
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