WASHINGTON v. STATE

No. 54937.

478 So.2d 1028 (1985)

Obie D. WASHINGTON v. STATE of Mississippi.

Supreme Court of Mississippi.

October 16, 1985.


Attorney(s) appearing for the Case

Kash M. Butani, Tylertown, for appellant.

Bill Allain, Atty. Gen. by Anita Mathews Stamps, Sp. Asst. Atty. Gen., Jackson, Edwin Lloyd Pittman, Atty. Gen. by DeWitt Allred, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before WALKER, P.J., and HAWKINS and PRATHER, JJ.


PRATHER, Justice, for the Court:

The habitual offender sentencing statutes are the basis for a constitutional separation of powers challenge in this criminal appeal from the Circuit Court of Walthall County. Obie D. Washington, appellant, was convicted of rape and sentenced as a recidivist, in a bifurcated hearing, to thirty years in the custody of the Mississippi Department of Corrections. He appeals asserting that:

(1) The court erred in overruling the defendant...

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