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Jenkins v. State12/2/2003
DATE OF TRIAL COURT JUDGMENT: 02/08/2002
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: ESCAPE- SENTENCE TO SERVE A TERM OF FIVE YEARS IN THE MDOC. SENTENCE TO RUN CONSECUTIVELY WITH ANY OTHER SENTENCE.
DISPOSITION: AFFIRMED: 12/2/2003
. Shannon Jenkins was convicted of escape by the Oktibbeha County Circuit Court. Jenkins was sentenced to a term of five years in the custody of the Mississippi Department of Corrections, with this sentence to run consecutively to any prior sentence. Aggrieved, Jenkins has appealed and raised the following issues which we quote verbatim:
I. Whether or not the Indictment stated a cause of action under either Section 97-9-45 or Section 97-9-49.
II. Whether or not the Defendant was put to trial on a void indictment.
III. Whether or not the Defendant, upon conviction, should have been sentenced under Section 97-9-45, Section 97-9-49(1) or Section 97-9-49(2).
IV. Whether or not the court erred in the granting and refusing of certain instructions including the refusal to grant Defendant's Instructions D-10-A and D-11.
V. Whether the Defendant's right to a speedy trial was violated.
VI. Whether the Defendant could have been authorized to leave the jail premises by the jail personnel in charge of him on May 16, 1999.
VII. Trial court erred in sentencing Appellant to a five year term.
VIII. Appellant was denied his right to a speedy trial.
IX. Appellant was denied his right to be heard as provided by Mississippi Constitution Art. III Section 26.
. Where these issues are interrelated, they will be combined and addressed as one.
FACTS
. On February 4, 1994, Jenkins pled guilty to vehicular manslaughter and was sentenced to a term of ten years in the custody of the Mississippi Department of Corrections. Jenkins' sentence was suspended and he was placed on probation.
. In April 1999, the State sought to revoke Jenkins' suspended sentence because he had been convicted of DUI and distribution of marijuana while on probation. On April 20, 1999, the trial judge entered an order revoking the suspended sentence.
. Following the revocation of his probation, Jenkins was being held in the county jail awaiting transportation to the penitentiary to serve his sentence on the vehicular manslaughter conviction. On May 16, 1999, at 5:00 a.m. roll call, it was discovered that Jenkins was missing from the jail.
In April of 2000, Jenkins was located in Texas, where he was taken into custody. In November 2000, he was returned to Oktibbeha County to stand trial on the charge of escape.
. On September 17, 2001, Jenkins acting pro se , filed a motion for a speedy trial. However, this motion was not presented to the trial court until the day of trial, February 1, 2002. The trial court ruled that Jenkins' Sixth Amendment right to a speedy trial had not been violated.
. On February 1, 2002, immediately prior to trial, Jenkins' attorney presented a motion to quash the indictment saying that it failed to allege that Jenkins had been sentenced to the Mississippi Department of Corrections, and that he had used force or violence to escape. The trial court determined that the indictment was sufficient as a matter of law and denied the motion. Upon the denial of that motion, Jenkins' attorney presented a motion which asked the trial court to determine which specific statute was relied upon as a basis for the indictment. This motion was also denied. Thereafter, the trial of this matter proceeded.
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