McDowell v. State
| Docket Number: | 2008-KA-01139-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 11-12-2009 Opinion Author: Carlson, P.J. Holding: Vacated and remanded; On the Court's own motion, the October 17, 2002, order of a three-justice panel of this Court is vacated. The Judgment of the Hancock County Circuit Court imposing a life sentence without parole is vacated and this case is remanded to the Hancock County Circuit Court with instructions to resentence appellant to a term of imprisonment of thirty (30) years in the custody of the Mississippi Department of Corrections. Sentence shall not be reduced or suspended nor shall appellant be eligible for parole or probation. Appellant is given credit for time served on the original sentence imposed on January 7, 2000. |
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| Additional Case Information: |
Topic: Resentencing - Habitual offender Judge(s) Concurring: Waller, C.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Non Participating Judge(s): Graves, P.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-08-2008 Appealed from: Hancock County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: The trial court imposed a life sentence without parole. Case Number: 980162 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Gabriel McDowell a/k/a Gary McDowell |
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| Appellee: | State of Mississippi | |||
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: | Resentencing - Habitual offender |
| Summary of the Facts: | Gabriel McDowell was sentenced as a habitual offender to life pursuant to section 99-19-83. After the federal district court’s decision to remand this case to state court for a third resentencing hearing, the circuit court resentenced McDowell to a term of life imprisonment. The record shows that the trial court’s imposition of a life-without-parole sentence was due in large part to the trial court’s dutiful reliance upon an order entered by a threejustice panel of the Mississippi Supreme Court. |
| Summary of Opinion Analysis: | The Court's panel order should be vacated, and this case should be remanded to the circuit court for the imposition of a thirty-year sentence without parole. |
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