Harris v. State
2012 Miss. LEXIS 526
Miss.2012Background
- Harris, a convicted felon, was sentenced as a habitual offender to 20 years for aggravated assault and 10 years for felon-in-possession of a deadly weapon, with all terms consecutive.
- Mississippi’s firearm-enhancement statute 97-37-37(2) adds a 10-year, non-suspendable term for using or displaying a firearm during the commission of a felony, unless another provision provides a greater minimum sentence.
- Harris was also charged under habitual-offender provisions (99-19-81), which mandated the maximum 20-year sentence for aggravated assault.
- The trial court sentenced Harris to an additional 10 years under 97-37-37(2) for firearm use, on top of the habitual and felon-in-possession sentences, all consecutive with no probation.
- On appeal, the Court of Appeals affirmed issues two and three but not issue one, which challenged the legality of the ten-year firearm enhancement.
- The Mississippi Supreme Court agreed Harris’s additional ten-year sentence under 97-37-37(2) was illegal where a greater minimum sentence existed due to the habitual-offender status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the firearm enhancement 97-37-37(2) applies when another law provides a greater minimum sentence | Harris argues the 10-year firearm enhancement is precluded by the greater minimum sentence from habitual status. | The State contends the 'except' clause allows the enhancement when a greater minimum sentence is provided elsewhere, but not with a habitual sentence framework. | Enhancement inapplicable; greater minimum sentence controls; vacate and remand. |
| Whether the sentence on counts for aggravated assault and felon-in-possession remains valid after reversal | Harris seeks correction of illegal sentence and re-sentencing without the firearm enhancement. | State argues original sentencing terms should stand subject to lawful framework. | Remand for re-sentencing consistent with the opinion. |
Key Cases Cited
- Abbott v. United States, 131 S. Ct. 18 (U.S. 2010) (clarified scope of 'except' clause in firearm-enhancement statute)
- Flora v. State, 925 So.2d 797 (Miss. 2006) (statutory interpretation guidance in Mississippi cases)
- Sneed v. State, 722 So.2d 1255 (Miss. 1998) (evidence and obstructions considerations in trial courts)
- City of Natchez v. Sullivan, 612 So.2d 1087 (Miss. 1992) (statutory interpretation and rule-of-law principles)
- McCaffrey's Food Market, Inc. v. Miss. Milk Comm’n, 227 So.2d 459 (Miss. 1969) (statutory construction principles)
- Harris v. State, 99 So.3d 198 (Miss. Ct. App. 2011) (reference to habitual-offender sentencing and admissibility issues)