Sumrell v. State

¶ 21. I concur in the affirmance of Sumrell's conviction for felony shoplifting, but I dissent from the affirmance of his sentence as a habitual offender. By holding that the trial court did not err in sentencing the defendant under Section 99-19-83, the majority makes a finding of fact that the trial judge never addressed, that the State never attempted to prove, and that is simply unsupported by the record. For these reasons, I must respectfully dissent in part.

¶ 22. Although the bulk of the majority opinion is devoted to finding that Sumrell is procedurally barred, prior precedent requires…