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Jenkins v. State10/14/2004
atus and simply walked away from his assignment. Also like Cunningham, Jenkins's indictment specified no particular statute to have been violated. Consequently, Jenkins should have been sentenced to no more than six months for escape. The Court of Appeals' decision to affirm the sentence was in error.
CONCLUSION
. We affirm the Court of Appeals' judgment to the extent that it affirmed Jenkins's conviction for escape. However, we reverse the Court of Appeals' judgment to the extent that it affirmed the sentence of five years in the custody of the Mississippi Department of Corrections. We affirm Jenkins's conviction for escape. We reverse Jenkins's sentence of five years in the custody of the Mississippi Department of Corrections, and remand this case to the Oktibbeha County Circuit Court for re-sentencing under Miss. Code Ann. § 97-9-49 (Supp. 2001) for up to six (6) months in addition to his original sentence.
. THE JUDGMENT OF THE COURT OF APPEALS IS AFFIRMED IN PART AND REVERSED IN PART. CONVICTION OF ESCAPE IS AFFIRMED. SENTENCE OF FIVE YEARS IS REVERSED AND THIS CASE IS REMANDED TO THE CIRCUIT COURT OF OKTIBBEHA COUNTY FOR RE-SENTENCING UNDER MISS. CODE ANN. § 97-7-49 (SUPP. 2001).
SMITH, C.J., WALLER AND COBB, P.JJ., CARLSON AND DICKINSON, JJ., CONCUR.
EASLEY, J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION.
RANDOLPH, J., DISSENTS WITH SEPARATE WRITTEN OPINION TO FOLLOW.
DIAZ, J., NOT PARTICIPATING.
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