William Alex Sanchez v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2007-KA-01836-COA
WILLIAM ALEX SANCHEZ A/K/A
SPARKPLUG
APPELLANT
v.
STATE OF MISSISSIPPI
DATE OF 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:
MANDATE ISSUED:
APPELLEE
09/10/2007
HON. MICHAEL M. TAYLOR
PIKE COUNTY CIRCUIT COURT
CHARLES E. MILLER
OFFICE OF THE ATTORNEY GENERAL
BY: DEIRDRE MCCRORY
DEE BATES
CRIMINAL - FELONY
CONVICTED OF UNLAWFUL SALE OF AT
LEAST 0.10 BUT LESS THAN 2.0 GRAMS
OF COCAINE WITHIN 1,500 FEET OF A
CHURCH AND SENTENCED TO FIFTEEN
YEARS IN THE CUSTODY OF THE
MISSISSIPPI DEPARTMENT OF
CORRECTIONS, WITH NINE YEARS
SUSPENDED AND FIVE YEARS POSTRELEASE SUPERVISION, AND ORDERED
TO PAY A FINE OF $4,000 AND
RESTITUTION IN THE AMOUNT OF $430
TO THE MISSISSIPPI BUREAU OF
NARCOTICS
AFFIRMED - 02/10/2009
BEFORE KING, C.J., IRVING AND ROBERTS, JJ.
ROBERTS, J., FOR THE COURT:
¶1.
William Alex Sanchez pled guilty on September 4, 2007, in the Circuit Court of Pike
County to the sale of cocaine within fifteen hundred feet of a church. Following Sanchez’s
sentencing, he appealed his guilty plea. On appeal, Sanchez argues that: (1) there was no
factual basis for his plea; (2) he received ineffective assistance of counsel; (3) his arrest was
improper; (4) the sentence he received was excessive; and (5) he should receive a modified
sentence. We find that this Court does not have jurisdiction to consider Issues I, II, and III.
Furthermore, as to Sanchez’s remaining issues, we find that they are without merit.
FACTS AND PROCEDURAL HISTORY
¶2.
Sanchez pled guilty to the unlawful sale of at least one tenth but less than two grams
of cocaine within fifteen hundred feet of a church in violation of Mississippi Code Annotated
section 41-29-139 (Rev. 2005). The trial court sentenced Sanchez in accordance with the
enhancement provisions of Mississippi Code Annotated section 41-29-142 (Rev. 2005) to
fifteen years in the custody of the Mississippi Department of Corrections (MDOC), with six
years to serve and the remaining nine years suspended. Additionally, Sanchez was sentenced
to five years of post-release supervision. Subsequently, Sanchez appealed his plea of guilty.
ANALYSIS
I.
II.
WHETHER SANCHEZ RECEIVED INEFFECTIVE ASSISTANCE
OF COUNSEL.
III.
¶3.
WHETHER THERE WAS A FACTUAL BASIS FOR SANCHEZ’S
PLEA.
WHETHER SANCHEZ’S ARREST WAS PROPER.
When a defendant pleads guilty to a crime he waives certain rights and privileges.
One such right is the ability to file a direct appeal of the defendant’s conviction. Gunter v.
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State, 841 So. 2d 195, 200 (¶19) (Miss. Ct. App. 2003). When Sanchez pled guilty, he gave
up the right to directly appeal his conviction. Because Sanchez pled guilty, this Court does
not have jurisdiction to hear his grievances on direct appeal. Miss. Code Ann. § 99-35-101
(Rev. 2007).
IV.
¶4.
WHETHER SANCHEZ RECEIVED AN EXCESSIVE SENTENCE.
Sanchez argues that the sentence he received for selling between one tenth and two
grams of cocaine within fifteen hundred feet of a church was excessive, cruel, and unusual
punishment.
Sanchez urges this Court to reverse his sentence and dismiss his case.
Mississippi Code Annotated section 99-35-101 provides that: “Any person convicted of an
offense in a circuit court may appeal to the supreme court, provided, however, an appeal
from the circuit court to the supreme court shall not be allowed in any case where the
defendant enters a plea of guilty.” Nevertheless, while a conviction from a plea of guilty
may not be directly appealed, a defendant may directly appeal the sentence given as a result
of that plea. Trotter v. State, 554 So. 2d 313, 315 (Miss. 1989).1 Therefore, we will review
his claim of an excessive sentence.
¶5.
Section 41-29-139 prohibits the sale of controlled substances. Miss. Code Ann. § 41-
23-139(a)(1). Mississippi Code Annotated section 41-29-115(A)(a)(4) (Sup. 2008) lists
cocaine as a Schedule II controlled substance. Section 41-29-139 further provides that
conviction of the sale of a Schedule II controlled substance carries a potential sentence of up
1
As of July 1, 2008, an amended section 99-35-101 reads, “Any person convicted of
an offense in a circuit court may appeal to the Supreme Court. However, where the
defendant enters a plea of guilty and is sentenced, then no appeal from the circuit court to the
Supreme Court shall be allowed.” This amended section is not applicable to the present
appeal.
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to and including thirty years in the custody of the MDOC, a fine of between five thousand
and one million dollars, or both. Miss. Code Ann. § 41-29-139(b)(1). Further, Mississippi
Code Annotated section 41-29-142(1) (Rev. 2005) provides that a person who violates
section 41-29-139(a)(1) within fifteen hundred feet of a church may be sentenced to a term
of imprisonment up to twice what is otherwise authorized by section 41-29-139(b).
Therefore, based upon Sanchez’s plea, the trial court had the authority to sentence Sanchez
to up to sixty years in the custody of the MDOC.
¶6.
As noted above, the trial court sentenced Sanchez to fifteen years in the custody of the
MDOC, with six years to serve, and the remaining nine years suspended. So long as the trial
court sentences a defendant within those guidelines established by the Legislature, we cannot
say the trial court abused its discretion in sentencing the defendant. Johnson v. State, 950
So. 2d 178, 184 (¶25) (Miss. 2007). Furthermore, the supreme court has said that a thirtyyear term of imprisonment is not cruel and unusual punishment when the conviction stems
from drug charges. Id. (citation omitted). As Sanchez’s sentence was within the minimum
and maximum sentences set forth by statute, we find that this issue is without merit.
V.
¶7.
WHETHER SANCHEZ’S SENTENCE SHOULD BE MODIFIED.
Sanchez’s entire argument under this heading reads as follows: “Alternatively,
Sanchez should be granted sentence modification as amended by Mississippi Code Annotated
1972 [sic] [s]ection 47-7-3.” Mississippi Code Annotated section 47-7-3 (Sup. 2004)
pertains, in general terms, to parole of prisoners. Section 47-7-3 is completely inapplicable
in this instance. Suffice it to say, we find no merit to this issue.
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¶8.
THE JUDGMENT OF THE CIRCUIT COURT OF PIKE COUNTY OF
CONVICTION OF UNLAWFUL SALE OF A LEAST 0.10 BUT LESS THAN 2.0
GRAMS OF COCAINE WITHIN 1,500 FEET OF A CHURCH AND SENTENCE OF
FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF
CORRECTIONS, WITH NINE YEARS SUSPENDED AND FIVE YEARS OF POSTRELEASE SUPERVISION, AND TO PAY A FINE OF $4,000 AND RESTITUTION
IN THE AMOUNT OF $430 TO THE MISSISSIPPI BUREAU OF NARCOTICS, IS
AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO PIKE COUNTY.
KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE
AND CARLTON, JJ., CONCUR.
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