DocketNumber: No. 2012-KA-00466-SCT
Citation Numbers: 121 So. 3d 913
Judges: Chandler, Coleman, Dickinson, King, Kitchens, Lamar, Pierce, Randolph, Waller
Filed Date: 9/19/2013
Status: Precedential
Modified Date: 9/22/2021
for the Court:
¶ 1. John Edward Wrenn pleaded guilty to possession of a firearm by a convicted felon. Wrenn appeals from his conviction, alleging that: 1) Mississippi’s concealed-weapon statute, Section 97-87-1, precludes his conviction; and 2) he was denied effective assistance of counsel. Because Wrenn’s conviction is the result of a guilty plea, we dismiss this appeal.
FACTS
1Í 2. John Edward Wrenn became a convicted felon on February 28, 1992.
LAW AND ANALYSIS
¶ 3. This Court has long recognized that “a litigant’s right to an appeal is statutory and ‘not based on any inherent common law or constitutional right.’ ”
¶ 4. It is undisputed that Wrenn pleaded guilty to violating Section 97-37-5. As such, Wrenn cannot appeal his conviction directly. Therefore, we dismiss this appeal without reaching the merits of Wrenn’s claims.
¶ 5. APPEAL DISMISSED.
. Wrenn was convicted of grand larceny on February 28, 1992, and burglary on May 24, 2000.
. The Horn Lake police officer stopped Wrenn for driving under the influence.
. See Miss.Code Ann. § 97-37-5 (Rev.2006).
. Wrenn was sentenced as an habitual offender under Mississippi Code Section 99-19-81.
. Jones v. Ridgeland, 48 So.3d 530, 536 (Miss.2010) (quoting Fleming v. State, 553 So.2d 505, 506) (Miss.1989)).
. Jones, 48 So.3d. at 543 (Waller, C.J., concurring in part and in result). See Marshall v. State, 662 So.2d 566, 568-71 (Miss.1995) (stating that the "Legislature has plenary-power over appeals where the Mississippi Constitution has not limited this power,” and pointing out that the right to appeal is subject to legislative change); Gill v. Miss. Dep’t of Wildlife Conservation, 574 So.2d 586, 590 (Miss.1990) (recognizing that "a party has no right of appeal except insofar as it has been given by law”); Fleming v. State, 553 So.2d 505, 506 (Miss.1989) (stating that "[a]n appeal is a matter of statutory right and not based on any inherent common law or constitutional right”) (citing Jones v. Barnes, 463 U.S. 745, 751, 103 S.Ct. 3308, 3312-13, 77 L.Ed.2d 987 (1983)); Miller Transporters Ltd. v. Johnson, 252 Miss. 244, 249, 172 So.2d 542, 544 (Miss.1965) (asserting that "[t]he right to appeal is a statutory privilege, granted and defined by the legislature").
.Miss.Code Ann. § 99-35-101 (Rev.2007). See Berry v. State, 722 So.2d 706, 707 (Miss.1998) (stating the Mississippi Supreme Court "does not have jurisdiction on direct appeal when only a guilty plea is being challenged”).
. Fleming, 553 So.2d at 506.
. Berry, 722 So.2d at 707 (Miss.1998).