Legal Opinion · Concurrence

Skylar O'Kelly v. State of Mississippi

Court of Appeals of Mississippi

Decided August 30, 2018No. 2016-KA-01147-COAPublished

1Concurrence

LEE, C.J., SPECIALLY CONCURRING:

¶ 61. I agree with the majority that the evidence is insufficient to support O'Kelly's conviction for depraved-heart murder, and therefore, should be reversed.

¶ 62. I write separately to express that I disagree, however, that where we have affirmed O'Kelly's conviction for trafficking in a controlled substance, the case should be remanded for resentencing on the trafficking conviction. I recognize that the majority correctly relies on the Mississippi Supreme Court's recent decision in Sallie v. State , 237 So.3d 749 (Miss. 2018), for its course in remanding the…

2Cases cited3 opinions

  1. Craig D. Sallie v. State of MississippiMississippi Supreme Court · 2018
  2. Eastman v. StateCourt of Appeals of Mississippi · 2005
  3. Craig D. Sallie v. State of MississippiCourt of Appeals of Mississippi · 2016

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