Temple v. State, 671 So. 2d 58 (Miss. 1996). · Go Syfert
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Temple v. State, 671 So. 2d 58 (Miss. 1996). Cases Citing This Book View Copy Cite
G Cite
cited 3× by 3 distinct cases, last quoted 2001 · …in order for a sentence to be valid, a judgment must be entered as of record. at p. 59 ✓ Topic ↗
G Cite: 1 distinguished/criticized. Strongest: State v. Lane (Cited "but see")
37 citation events (30 in the last 25 years) across 3 distinct courts.
Strongest positive: Latoria Brownlee v. State of Mississippi and Mississippi Department of Corrections (missctapp, 2025-08-05) · Strongest negative: State v. Lane (mont, 1998-04-07)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
discussed Cited "but see" State v. Lane (2×)
Mont. · 1998 · signal: but see · confidence high
But see Temple v. State (Miss. 1996), 671 So. 2d 58, 59 ("in order for a sentence to be valid, a judgment must be entered as of record.”); State v. Dailey (Wash. 1980) 610 P.2d 357, 360 ('[t]he written decision of a trial court is considered the court’s ‘ultimate understanding’ of the issue presented.")
discussed Cited as authority (rule) Latoria Brownlee v. State of Mississippi and Mississippi Department of Corrections
Miss. Ct. App. · 2025 · confidence medium
See Brown[ v. State], 731 So. 2d [595,] 598-99 [(Miss. 1999)]; Kincaid v. State, 711 So. 2d 873, 876 (Miss. 1998); Temple v. State, 671 So. 2d 58, 59 (Miss. 1996); Cain v. State, 337 So. 2d 935, 936 (Miss. 1976).
discussed Cited as authority (rule) Marcus McFarland v. State of Mississippi, By and Through Lynn Fitch, Mississippi Attorney General; Nathan Cain, Commissioner of Mississippi Department of Corrections; Derek Mingo, Warden of Marion County Correctional Facility; and Steven Pickett, Mississippi Parole Board Chairman
Miss. Ct. App. · 2023 · confidence medium
Ct. App. 2003) (citing Temple v. State, 671 So. 2d 58, 59 (Miss. 1996) (refusing to uphold harsher punishment provisions that were not subsequently memorialized in the written judgment)).
cited Cited as authority (rule) Ace Joe Mallard v. State of Mississippi
Miss. Ct. App. · 2023 · confidence medium
Ct. App. 2003); Temple v. State, 671 So. 2d 58, 59 (Miss. 1996).
cited Cited as authority (rule) Barry Alexander v. State of Mississippi
Miss. Ct. App. · 2021 · confidence medium
Temple v. State, 671 So. 2d 58, 59 (Miss. 1996).
discussed Cited as authority (rule) Glen Conley v. Christopher Epps (2×)
Miss. · 2014 · confidence medium
See Brown, 731 So.2d at 598-99 ; Kincaid v. State, 711 So.2d 873, 876 (Miss.1998); Temple v. State, 671 So.2d 58, 59 (Miss.1996); Cain v. State, 337 So.2d 935, 936 (Miss.1976).
cited Cited as authority (rule) Thompson v. State
Miss. Ct. App. · 2012 · confidence medium
Id. at (¶ 8) (citing Temple v. State, 671 So.2d 58, 59 (Miss.1996) (holding that “in order for a sentence to be valid, a judgment must be entered as of record”)).
discussed Cited as authority (rule) Shinn v. State
Miss. Ct. App. · 2011 · confidence medium
In Temple v. State, 671 So.2d 58, 58 (Miss.1996), the Mississippi Supreme Court held “the written order is the final judgment....” In both Bout-well and Temple , this Court and the supreme court enforced the written sentencing orders that were entered.
cited Cited as authority (rule) STANBRO v. State
Miss. Ct. App. · 2010 · confidence medium
Temple v. State, 671 So.2d 58, 58-59 (Miss.1996).
discussed Cited as authority (rule) Williams v. State
Miss. Ct. App. · 2010 · confidence medium
According to our supreme court, the “date of rendition of the judgment of the trial court in term time, as well as in vacation, is the date when the judgment is signed by the judge and filed with the clerk for entry on the minutes.... ” Temple v. State, 671 So.2d 58, 59 (Miss.1996) (quoting Banks v. Banks, 511 So.2d 933, 934-35 (Miss.1987)).
cited Cited as authority (rule) Chandler v. State
Miss. Ct. App. · 2010 · confidence medium
Id. at (¶ 8) (citing Temple v. State, 671 So.2d 58, 59 (Miss.1996) (holding that “in order for a sentence to be valid, a judgment must be entered as of record.”)). ¶ 9.
cited Cited as authority (rule) Collins v. State
Miss. Ct. App. · 2004 · confidence medium
Temple v. State, 671 So.2d 58, 59 (Miss.1996).
cited Cited as authority (rule) Boutwell v. State
Miss. Ct. App. · 2003 · confidence medium
Temple v. State, 671 So.2d 58, 58 (Miss.1996).
cited Cited as authority (rule) Mitchell v. State
Miss. · 2001 · confidence medium
Mitchell relies on Temple v. State, 671 So.2d 58, 59 (Miss. 1996), where this Court stated that "in order for a sentence to be valid, a judgment must be entered as of record." ¶ 83.
cited Cited as authority (rule) Mitchell v. State
Miss. · 2001 · confidence medium
Mitchell relies on Temple v. State, 671 So.2d 58, 59 (Miss.1996), where this Court stated that “in order for a sentence to be valid, a judgment must be entered as of record.” ¶ 83.
cited Cited as authority (rule) William Gerald Mitchell v. State of Mississippi
Miss. · 1998 · confidence medium
Mitchell relies on Temple v. State, 671 So.2d 58, 59 (Miss. 1996), where this Court stated that "in order for a sentence to be valid, a judgment must be entered as of record." ¶83.
cited Cited as authority (rule) William Wayne Jenkins v. State of Mississippi
Miss. · 1995 · confidence medium
Temple v. State, 671 So. 2d 58, 59 (Miss. 1996).
cited Cited "see, e.g." Charles Dalton Shoemake v. State of Mississippi;
Miss. Ct. App. · 2019 · signal: see also · confidence medium
Code Ann. § 99-39-5 (2) (Rev. 2015); see also Temple v. State, 671 So. 2d 58, 59 (Miss. 1996). 9 DISCUSSION I.
cited Cited "see, e.g." Adams v. State
Miss. Ct. App. · 2007 · signal: see also · confidence medium
Mitchell v. State, 792 So.2d 192 (¶ 83) (Miss.2001); see also Temple v. State, 671 So.2d 58, 59 (Miss.1996) (holding “in order for a sentence to be valid, a judgment must be entered as of record.
Retrieving the full opinion text from the archive…
Ishmael Stanley TEMPLE
v.
STATE of Mississippi.
93-KP-00286-SCT.
Mississippi Supreme Court.
Mar 14, 1996.
671 So. 2d 58
Prather, P.J., and Pittman and Smith.
Cited by 26 opinions  |  Published

Ishmael S. Temple, Parchman, Pro Se.

Michael C. Moore, Attorney General, Jackson, Pat S. Flynn, Asst. Attorney General, Jackson, for Appellee.

Before PRATHER, P.J., and PITTMAN and SMITH, JJ.

PITTMAN, Justice, for the Court:

Ishmael Stanley Temple appeals the denial of his post-conviction relief motion to correct sentence. Temple pled guilty to robbery in the Circuit Court of Forrest County. The Judgment Order entered by the circuit court sentenced Temple to 15 years in the Mississippi Department of Corrections ("MDOC"). At the plea hearing, the judge stated, in addition to the 15-year sentence set out in the written order, that it would be the order of the court that Temple not be paroled inside the state of Mississippi or any other state where the victim is residing. Temple's motion to the correct the oral pronouncement imposing the banishment conditions was denied.

We hold that the written order is the final judgment and evidences Temple's proper sentence. The oral pronouncement of parole conditions is thus unenforceable. This ruling should not be construed as a violation of the specific parole conditions imposed by the trial court.

[*59] Temple's argument is based on McCreary v. State, 582 So.2d 425, 428 (Miss. 1991), where we opined that banishment (from the state) served no rehabilitative purpose and implicates serious public policy concerns. Temple argues that it was error not to correct the oral judgment because this Court has expressed disfavor with banishment from a geographical area as part of the sentence.

The State argues that, despite McCreary, there is no appealable issue here. The judgment order says nothing about conditions of parole.

It is not necessary to address the propriety of the banishment conditions imposed on Temple. These conditions are unenforceable because they are not contained in the written judgment entered with the clerk, and if they were part of the judgment, this Court would be inclined to strike such conditions. In equity matters we have long held "that every decree is in the breast of the court until entered, and a decree has no validity until written out and signed by the chancellor." Orr v. Myers, 223 Miss. 856, 79 So.2d 277, 278 (1955) citing V. Griffith's Mississippi Chancery Practice, Section 621. Although previously a circuit judge could render a binding oral pronouncement, the Court later modified that rule and held that the "date of rendition of the judgment of the circuit court in term time, as well as in vacation, is the date when the judgment is signed by the judge and filed with the clerk for entry on the minutes... ." Banks v. Banks, 511 So.2d 933, 934-35 (Miss. 1987) (quoting Jackson v. Schwartz, 240 So.2d 60, 61-62 (Miss. 1970)).

Based on these cases, we hold that in order for a sentence to be valid, a judgment must be entered as of record. This marks formal evidence of a judgment's rendition which is necessary for its execution or appeal. In Temple's case a formal judgment was entered sentencing him to fifteen years in the custody of the MDOC. This was the only pronouncement contained in the entered judgment, so Temple's sentence amounts to only fifteen years. The admonition to the parole board regarding banishment is at best advice to the board and is at worst surplus age in regards to the sentence. There is no need to correct the sentence, and the trial court's denial of Temple's post-conviction relief motion is hereby affirmed.

LOWER COURT'S DENIAL OF POST CONVICTION RELIEF AFFIRMED.

DAN M. LEE, C.J., PRATHER and SULLIVAN, P.JJ., and BANKS, McRAE and SMITH, JJ., concur.

JAMES L. ROBERTS, Jr., and MILLS, JJ., concur in result only.