Kincaid v. State

¶ 1. Motion for rehearing denied. The original opinion is withdrawn and this opinion is substituted therefor.

¶ 2. I.C. Kincaid was indicted for capital murder and on November 3, 1986, pled guilty to murder and armed robbery in the Circuit Court of Madison County. Kincaid and the State of Mississippi entered into a contract wherein the State agreed not to prosecute Kincaid for capital murder or seek the death penalty in return for which Kincaid agreed not to seek or accept parole or any release from prison for the remainder of his natural life. Kincaid, therefore, received a life sentence for…