Brown v. State

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 se a crime of violence, we reverse.

BACKGROUND FACTS AND PROCEEDINGS

¶2. The Harrison County grand jury indicted Mark Kee Brown for felony escape, and as a habitual offender under…