Brown v. State
| Docket Number: | 2010-CT-00352-SCT Linked Case(s): 2010-KA-00352-COA ; 2010-KA-00352-COA ; 2010-CT-00352-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 12-13-2012 Opinion Author: Dickinson, P.J. Holding: Affirmed in Part, Vacated and Remanded in Part |
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| Additional Case Information: |
Topic: Felony escape - Habitual offender status - Section 99-19-83 - Crime of violence - Burglary of a dwelling Judge(s) Concurring: Carlson, P.J., Lamar, Kitchens and King, JJ. Non Participating Judge(s): Waller, C.J. Dissenting Author : Randolph, J. Dissent Joined By : Chandler and Pierce, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 02-02-2010 Appealed from: Harrison Circuit Court Judge: Roger T. Clark Disposition: CONVICTION OF FELONY ESCAPE AND SENTENCED AS A HABITUAL OFFENDER TO LIFE WITHOUT ELIGIBILITY FOR PROBATION OR PAROLE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Cono A. Caranna, II Case Number: B-2401-08-586 |
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| Note: | The Supreme Court reversed the Court of Appeals and the trial court by holding that because burglary is not cime against the person, and not per se a crime of violence, we reverse. The original Court of Appeals opinion can be found at http://courts.ms.gov/Images/Opinions/CO69826.pdf . | |
| Party Name: | Attorney Name: | |||
| Appellant: | Mark Kee Brown |
OFFICE OF STATE PUBLIC DEFENDER: HUNTER NOLAN AIKENS, LESLIE S. LEE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY, JR., SCOTT STUART |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Felony escape - Habitual offender status - Section 99-19-83 - Crime of violence - Burglary of a dwelling |
| Summary of the Facts: | Mark Brown was convicted of felony escape and was sentenced to life without probation, parole, or early release. He appeals. |
| Summary of Opinion Analysis: | Brown argues that burglary of a dwelling is not a “crime of violence” within the meaning of section 99-19-83. There is no statute or case that states that burglary of a dwelling satisfies the “crime of violence” requirement of this statute. Burglary of a dwelling is not a per se “crime of violence” under section 99-19-83. The Legislature certainly is free to enact a statute that makes burglary of a dwelling a per se crime of violence. But it has not chosen to do so at this point. In the absence of a legislative definition of “crime of violence” under section 99-19-83, the State must present some proof that the crime involved violence. The State presented no evidence that Brown’s burglary involved any violence. Thus, the case is reversed and remanded for resentencing. |
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