Brown v. State
102 So. 3d 1087
| Miss. | 2012Background
- Trial court held burglary satisfied the violent-crime requirement for habitual-offender status without evidence of violence.
- Brown was indicted for felony escape and as a habitual offender under Miss. Code § 99-19-81.1; the State moved to amend to § 99-19-83, which requires life if previous felonies include a crime of violence.
- Evidence to prove a crime of violence consisted only of the burglary indictment, guilty plea, and a statement that Brown admitted burglary and theft valued at about $1,500.
- Trial court granted the amendment; Brown was convicted of felony escape and sentenced to life without probation, parole, or early release.
- Court of Appeals affirmed; Brown petitioned for writ of certiorari, which this Court granted.
- This opinion holds that burglary of a dwelling is not per se a crime of violence under § 99-19-83 absent proof of violence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether burglary of a dwelling is a per se crime of violence under § 99-19-83. | Brown argues burglary is not a per se crime of violence under § 99-19-83. | State argues burglary can be a crime of violence via related statutes and legislative history. | Burglary is not per se a crime of violence under § 99-19-83. |
| Whether § 99-19-83 should be read in pari materia with other sentencing statutes. | Brown asserts pari materia reading shows burglary fits as a crime of violence. | State argues statutes are unrelated in different chapters and should not be read together. | The Court rejects the in pari materia approach for § 99-19-83. |
| Whether the State proved Brown’s burglary involvement was a crime of violence for habitual-offender purposes. | No proof of violence; burglary did not involve violence. | Dissent contends potential or threat of violence could suffice; majority rejects. | Absent proof of violence, burglary cannot be treated as a violent crime under § 99-19-83. |
| What is the proper remedy given the holding on violence? | N/A in terms of issue phrasing; focus is on remand. | N/A in terms of issue phrasing; focus is on remand. | Reverse COA, affirm burglary conviction for felony escape, vacate life sentence, remand for resentencing. |
Key Cases Cited
- McLamb v. State, 456 So.2d 743 (Miss. 1984) (holding breaking and entering not per se a crime of violence for habitual-offender status)
- James v. State, 731 So.2d 1135 (Miss. 1999) (application of pari materia principles in statutory interpretation)
- Roberts v. Miss. Republican Party State Executive Comm., 465 So.2d 1050 (Miss. 1985) (statutory interpretation and pari materia discussion)
- Ashley v. State, 538 So.2d 1181 (Miss. 1989) (illustrative of violent-crime considerations in sentencing)
- Magee v. State, 542 So.2d 228 (Miss. 1989) (violent-crime considerations in related contexts)
- King v. State, 527 So.2d 641 (Miss. 1988) (precedent on criminal-justice statutory construction)