Crosby v. State

McMILLIN, C. J., for the court.

¶ 1. In this case, the Court deals with yet another permutation of a recurring problem arising when the circuit court, upon sentencing a defendant having a pri- or felony conviction, nevertheless proceeds to suspend all or some part of the mandated period of incarceration.

¶ 2. Johnny Crosby pleaded guilty on July 19, 2001, to an indictment for the sale of cocaine. He was sentenced to ten years in the custody of the Mississippi Department of Corrections; however, the judgment of sentence directed that Crosby serve only the first five years of the sentence and…