Legal Opinion · Concurring in part, dissenting in part

Craig D. Sallie v. State of Mississippi

Mississippi Supreme Court

Decided January 22, 2015No. 2012-CT-01280-SCTPublished

1Concurring in part, dissenting in partRandolph, Presiding Justice

¶ 26. The question of whether the petitioner, a seasoned felon, or his counsel was caught unaware that this sentencing enhancement was applicable is not the issue. The petitioner, like everyone else, was put on notice on July 1, 2004,9 that a mandatory sentencing enhancement would be added to his future sentence(s) if he used or displayed a firearm while committing yet another felony. The facts negate claims of unfair surprise, lack of a fair opportunity to present a defense, and a denial of due process.

¶ 27. Under our state’s Constitution and the strict separation of powers it explicitly…

2Cases cited13 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  4. Jefferson v. StateMississippi Supreme Court · 1989
  5. Gowdy v. StateMississippi Supreme Court · 2010

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