Brown v. State


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Docket Number: 2009-CP-01881-COA

Court of Appeals: Opinion Link
Opinion Date: 02-15-2011
Opinion Author: Barnes, J.
Holding: Affirmed.

Additional Case Information: Topic: Parole eligibility - Section 47-7-3(1)
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ.
Procedural History: Dismissal
Nature of the Case: CIVIL - OTHER

Trial Court: Date of Trial Judgment: 07-09-2009
Appealed from: RANKIN COUNTY CIRCUIT COURT
Judge: WILLIAM E. CHAPMAN III
Disposition: PETITION FOR DETERMINATION OF ELIGIBILITY FOR PAROLE DISMISSED
Case Number: 2009-178-C

  Party Name: Attorney Name:  
Appellant: Chaddrick Brown




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: JANE L. MAPP  

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Topic: Parole eligibility - Section 47-7-3(1)

Summary of the Facts: Chaddrick Brown was convicted of armed robbery and sentenced to forty years. His conviction was affirmed on appeal. Approximately six years later, Brown filed with the circuit court a document entitled “Petition to Show Cause of Senate Bill No. 2136.” In it, he asserted that he should be eligible for parole review based upon the passage of Senate Bill 2136 during the 2008 Legislative Session. Senate Bill 2136 amended section 47-7-3(1)(g) to provide that nonviolent offenders convicted after June 30, 1995, may be eligible for parole. The circuit court dismissed Brown’s petition because Brown is ineligible for parole according to section 47-7-3(1)(d)(ii), which provides, in pertinent part, that no person convicted of armed robbery on or after October 1, 1994, shall be eligible for parole. Brown appeals.

Summary of Opinion Analysis: Brown argues that he is eligible for parole review under section 47-7-3(1) after having served ten years of his forty-year sentence due to the 2008 passage of Senate Bill 2136. Prior to the enactment of section 47-7-3(1)(d)(ii), persons convicted of armed robbery could be eligible for parole after serving ten years of their sentence. However, it is clear that such felons are now completely ineligible for parole. Senate Bill 2136 does not impact parole eligibility for those sentenced to armed robbery, as it applies only to “nonviolent crimes.” Section 47-7-3(1)(g) specifically explained that “nonviolent crimes” includes “a felony other than . . . robbery.” Thus, the circuit court properly dismissed Brown’s petition.


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