Brown v. State
Docket Number: | 2010-KA-00352-COA Linked Case(s): 2010-KA-00352-COA ; 2010-CT-00352-SCT ; 2010-CT-00352-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 06-21-2011 Opinion Author: Myers, J. Holding: Affirmed. |
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Additional Case Information: |
Topic: Felony escape - Habitual offender status - Section 99-19-81 - Section 99-19-83 - Crime of violence - Section 99-15-107 Judge(s) Concurring: Lee, C.J., Irving, P.J., Barnes, Ishee and Maxwell, JJ. Judge(s) Concurring Separately: Carlton, J., specially concurs with separate written opinion joined by Lee, C.J., Barnes and Ishee, JJ. Non Participating Judge(s): Russell, J. Dissenting Author : Roberts, J. Dissent Joined By : Griffis, P.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 02-02-2010 Appealed from: Harrison County 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 |
Party Name: | Attorney Name: | |||
Appellant: | Mark Kee Brown |
LISA D. COLLUMS
LESLIE S. LEE
HUNTER NOLAN AIKENS |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL |
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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. |
Topic: | Felony escape - Habitual offender status - Section 99-19-81 - Section 99-19-83 - Crime of violence - Section 99-15-107 |
Summary of the Facts: | Mark Brown was convicted of felony escape. The circuit court sentenced Brown as a habitual offender to life without eligibility for probation or parole. Brown appeals. |
Summary of Opinion Analysis: | Brown was arrested and indicted for felony escape as a habitual offender under section 99-19-81. The State thereafter filed a motion in the circuit court seeking to amend the habitual offender portion of Brown’s indictment so as to charge Brown as a habitual offender under section 99-19-83 based on the claim that “burglary of a dwelling” constitutes a “crime of violence” for purposes of section 99-19-83. The circuit court entered an order amending the indictment to reflect Brown’s habitual offender status under section 99-19-83. The issue on appeal is whether a prior conviction for “burglary of a dwelling” constitutes a “crime of violence” within the meaning of section 99-19-83. Section 99-19-83 imposes a life sentence upon a habitual offender when one or more of at least two prior felony convictions is for a crime of violence. Section 99-19-83 does not define the meaning of the term “crime of violence.” Nor does it identify such crimes. Brown acknowledges that section 99-15-107 and the federal sentencing guidelines consider burglary of a dwelling a crime of violence, but he reiterates that our courts have not held this to be the case for purposes of section 99-19-83. The matter before the Court is one of first impression. Section 99-15-107 identifies burglary of a dwelling as a crime of violence, and it is appropriate to rely on this section in the application of section 99-19-83. Because a dwelling is a place of human abode, there is a significant prospect of violence presented by every burglary of a dwelling which makes this offense a per se crime of violence under section 99-19-83. Accordingly, burglary of a dwelling constitutes a crime of violence under section 99-19-83. |
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