State v. Bradford

On January 29, 1986, the appellee entered a guilty plea to the crime of escape and he was sentenced to six (6) months in the custody of the Harrison County Jail as an habitual offender pursuant to Miss. Code Ann. § 97-9-49(2) (Supp. 1985) and Miss. Code Ann. § 99-19-81 (Supp. 1985). This appeal was initiated by the State of Mississippi as a result of the decision of the lower court to sentence the appellee under Miss. Code Ann. § 97-9-49(2) (Supp. 1985) rather than Miss. Code Ann. § 97-9-49(1) (Supp. 1985).

In an indictment filed on or about September 26, 1985, the appellee, Jeffrey Allen…