Booker v. Bailey, et al.


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Docket Number: 2002-CP-00919-COA

Court of Appeals: Opinion Link
Opinion Date: 03-11-2003
Opinion Author: Southwick, P.J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Mandatory prison term - Section 97-3-21 - Section 47-7-3(1)(g)
Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 05-14-2002
Appealed from: Sunflower County Circuit Court
Judge: Betty W. Sanders
Disposition: BOOKER'S PLEADING WAS DISMISSED WITH PREJUDICE AS FRIVOLOUS.
District Attorney: Frank Carlton
Case Number: 2001-0125-M

  Party Name: Attorney Name:  
Appellant: Willie Booker




PRO SE



 

Appellee: Barbara Bailey, Lawrence Kelly and Robert Johnson OFFICE OF THE ATTORNEY GENERAL BY: JANE L. MAPP  

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Topic: Post-conviction relief - Mandatory prison term - Section 97-3-21 - Section 47-7-3(1)(g)

Summary of the Facts: Willie Booker was convicted of murder and sentenced to life imprisonment. His conviction was affirmed on appeal. Booker filed a grievance with the Office of Legal Claims at the state prison, claiming his prison classification sheet did not contain a parole or other release date and requested correction of this error. When the relief sought was denied, Booker filed a motion to show cause why his prison classification should not be corrected to reflect that he was sentenced to life imprisonment, not life without possibility of parole. The court dismissed his motion as frivolous, and Booker appeals.

Summary of Opinion Analysis: Booker argues that he was neither indicted nor convicted as an habitual offender and thus is not subject to a mandatary prison term without eligibility for parole. Section 97-3-21 provides that a defendant convicted of murder is to be sentenced to life imprisonment. Section 47-7-3(1)(g) provides that, other than first-time offenders convicted of nonviolent crimes, persons convicted after June 30, 1995, are ineligible for parole. Whether or not Booker is an habitual offender is of no importance to the validity of his sentence.


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