120 So. 3d 419
Miss. Ct. App.2013Background
- Skinner was convicted of disorderly conduct and felony evasion; sentenced to six months in jail and life imprisonment without parole as a habitual offender.
- The State sought habitual-offender status under §99-19-83 based on three prior felonies: Rankin County possession of a controlled substance, and Florida (1994) attempted carjacking with a firearm and aggravated assault with a firearm.
- Skinner contends Florida convictions occurred at age 15 under the Florida Youthful Offender Act and thus should not support the violent habitual-offender status.
- The court amended the indictment to charge habitual offender status; trial resulted in verdicts of disorderly conduct (as lesser included simple assault) and felony evasion, with other counts mistried.
- The circuit court imposed six months for disorderly conduct and life without parole for felony evasion; sentences run concurrently; Skinner appeals raising age, proportionality, and weight of the evidence challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Skinner properly classified as a violent habitual offender under §99-19-83 based on Florida youth-convictions? | Skinner | State | No error; Florida offenses qualified; age not a requirement for underlying felonies. |
| Is the life sentence under the habitual-offender statute constitutionally proportional to the crimes? | Skinner | State | No; habitual-offender life sentences upheld; not a gross disproportionality under Solem. |
| Is the felony-evasion conviction against the weight of the evidence? | Skinner | State | No; substantial evidence supported reckless disregard; not against the weight. |
Key Cases Cited
- Kelley v. State, 913 So.2d 379 (Miss. 2005) (section 99-19-81 does not require felonies after age twenty-one)
- Bailey v. State, 728 So.2d 1070 (Miss. 1997) (judgment-based nolo contendere is a conviction for habitual-offender status)
- Solem v. Helm, 463 U.S. 277 (1983) (Solem factors for proportionality review when gross disproportionality exists)
- Davis v. State, 680 So.2d 848 (Miss. 1996) (crime-of-violence definition includes aggravated assault and carjacking)
- Cummings v. State, 29 So.3d 859 (Miss. Ct. App. 2010) (habitual-offender sentences generally not cruel and unusual)
- Cummings v. State, 58 So.3d 715 (Miss. Ct. App. 2011) (abuse-of-discretion review of sentences)