Legal Opinion · Dissent

Craig D. Sallie v. State of Mississippi

Court of Appeals of Mississippi

Decided December 6, 2016No. 2015–KA–00819–COAPublished

1Dissent

LEE, C.J., DISSENTING:

¶ 11. The majority affirms the trial court's resentencing of Sallie on remand following the supreme court's decision to vacate a portion of Sallie's sentence based upon the firearm enhancement. Because the supreme court had affirmed Sallie's original sentences, notwithstanding the vacation of the firearm enhancement, I find that the trial court lacked jurisdiction to restructure Sallie's sentences to run consecutively where the original sentences were ordered to run concurrently. Furthermore, the restructuring of the sentences resulted in a greater sentence than the…

2Cases cited4 opinions

  1. Leonard v. StateMississippi Supreme Court · 1973
  2. Craig D. Sallie v. State of MississippiMississippi Supreme Court · 2015
  3. Eastman v. StateCourt of Appeals of Mississippi · 2005
  4. Sallie v. StateCourt of Appeals of Mississippi · 2013

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API