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Taylor v. State1/25/2000
set by the appellate courts in Mississippi for guidance.
. "In considering a motion for a new trial, the trial judge in exercising his sound discretion may grant the motion thereby overruling the jury's verdict only where such a verdict is against the overwhelming weight of the evidence or is contrary to the law." Pruitt v. Mississippi Farm Bureau Cas. Ins. Co., 724 So. 2d 473, 475 (Miss. 1998) (quoting Junior Food Stores, Inc. v. Rice, 671 So. 2d 67, 76 (Miss. 1996). Taylor argues that there was no credible evidence presented at trial that would support a conviction. "Matters regarding the weight and credibility to be accorded the evidence are to be resolved by the jury." Fisher v. State, 481 So. 2d 203, 212 (Miss. 1985). In fact, the record reflects that substantial evidence was presented at trial through both witness testimony and documents introduced on behalf of the State. The trial judge correctly overruled Taylor's motion for a new trial.
XIV. THE TRIAL COURT COMMITTED PLAIN ERROR IN THE APPLICATION OF A SENTENCE IN VIOLATION OF THE EIGHTH AMENDMENT PROHIBITION AGAINST CRUEL AND UNUSUAL PUNISHMENT.
. The record reflects that Taylor did not present this issue to the trial court during the sentencing hearing or in a post-trial motion. Therefore, Taylor is procedurally barred from asserting it on appeal. Reed v. State, 536 So. 2d 1336, 1339 (Miss. 1988).
. Procedural bar notwithstanding, The supreme court has stated that " entencing is within the complete discretion of the trial court and not subject to appellate review if it is within the limits prescribed by statute." Hoops v. State, 681 So. 2d 521, 537 (Miss. 1996). Taylor was convicted on three counts of the indictment, each count carrying separately a maximum of twenty years in prison. Facing the possibility of sixty years in prison, Taylor presented testimony on her behalf at a sentencing hearing. After careful consideration, the trial judge chose to impose a ten year sentence for each count, to run concurrently, and further suspended seven of those ten, leaving Taylor with three years to serve in prison. In addition, Taylor was ordered to pay restitution and court costs. This sentence is clearly within the mandates of the statute and accordingly is proper and well within the discretion of the trial court.
CONCLUSION
. This Court would like a final opportunity to reiterate that briefs are filed in order to provide a concise statement of the case, supported by specific case law, with reference given to where particular errors occur in the trial record. Those submitting blanket allegations in the hope that the Court will pour through the record until we find reversible error will be sorely disappointed. As for supporting authority, citing entire sections of the Mississippi Digest or complete chapters of ALR as references without citing particular cases contained therein does nothing to clarify the issues before the Court and will not be tolerated, much less condoned. After careful review of Taylor's fourteen assignments of error, we find no reversible error and the judgment of the trial court is, therefore, Affirmed.
. THE JUDGMENT OF THE CIRCUIT COURT OF ALCORN COUNTY OF CONVICTION ON COUNTS II, III, AND IV OF EMBEZZLEMENT AND SENTENCES OF TEN YEARS ON EACH COUNT, WITH SENTENCES TO RUN CONCURRENTLY, WITH SEVEN YEARS SUSPENDED ON EACH COUNT, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND TO PAY RESTITUTION IN THE AMOUNT OF $5,625.00 AFFIRMED. COSTS ARE ASSESSED TO THE APPELLANT.
DIAZ, LEE, MOORE, AND PAYNE, JJ., CONCUR. KING, P.J., CONCURS IN RESULT ONLY. SOUTHWICK, P.J., CONCURS WITH SEPARATE WRITTEN OPINION JOINED BY MCMILLIN,
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