Brown v. State, 102 So. 3d 1130

Brown was convicted in Harrison County Circuit Court of felony escape and sentenced as a habitual offender under Miss. Code Ann. § 99-19-83 to life without eligibility for probation or parole.
The State sought habitual-offender status under § 99-19-83 on the theory that burglary of a dwelling is a crime of violence.
Brown was jailed for an extensive period before the escape, and was indicted for felony escape as a habitual offender under § 99-19-81 before amendment.
The indictment was amended after a hearing to reflect habitual-offender status under § 99-19-83 based on a claim that burglary of a dwelling is a crime of violence.
A jury convicted Brown of felony escape; at sentencing, the State introduced Brown’s MDOC pen packs; Brown’s habitual-offender status under § 99-19-83 and a life sentence were imposed.
Brown’s listed priors include two counts of burglary of a dwelling (1996) along with other felonies, which the State relied on for the § 99-19-83 calculation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether burglary of a dwelling is a crime of violence under § 99-19-83.	Brown argues burglary of a dwelling is not per se a crime of violence for § 99-19-83.	State contends burglary of a dwelling is per se a crime of violence under § 99-15-107 and applicable to § 99-19-83.	Burglary of a dwelling is a crime of violence under § 99-19-83.

Davis v. State, 680 So.2d 848 (Miss. 1996) (defines crime of violence with reference to federal guidelines)
Roger v. State, 919 So.2d 1058 (Miss. Ct. App. 2005) (uses a framework for identifying crimes of violence under § 99-19-83)
McLamb v. State, 456 So.2d 743 (Miss. 1984) (discusses violence concept and prior felony requirements under § 99-19-83)
Rayborn v. State, 961 So.2d 70 (Miss. Ct. App. 2007) (addresses amendment to habitual-offender charge and procedure)
McQueen v. State, 473 So.2d 971 (Miss. 1985) (void-for-vagueness discussion on term ‘crime of violence’)