BROWN v. STATE

No. 2010-CT-00352-SCT.

102 So.3d 1087 (2012)

Mark Kee BROWN v. STATE of Mississippi.

Supreme Court of Mississippi.

December 13, 2012.


Attorney(s) appearing for the Case

Office of State Public Defender by Hunter Nolan Aikens , Leslie S. Lee , attorneys for appellant.

Office of the Attorney General by John R. Henry, Jr. , Scott Stuart , attorneys for appellee.

EN BANC.


ON WRIT OF CERTIORARI

DICKINSON, Presiding Justice, for the Court:

¶ 1. A trial judge held that a prior conviction for burglary satisfied the violent-crime requirement for habitual-offender status, even though the State had produced no evidence that the burglary involved violence. Because burglary is not — as the trial court held — a crime against the person, and not — as the Court of Appeals ("COA") held — per...

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