Legal Opinion · Dissent

Charles Bester v. State of Mississippi

Mississippi Supreme Court

Decided April 14, 2016No. 2013-CT-00058-SCTPublished

1DissentKitchens, Justice

¶ 14. I fully concur with the well-reasoned dissent authored by Justice King. Nevertheless, the gravity of the majority’s decision today constrains me to write, inasmuch as Charles Bester was sentenced to, and is serving, an illegal sentence that the trial court lacked the authority to impose •upon him. I, therefore, respectfully dissent. ‘

‘ ¶ 15. Mississippi Code Section 97-3-65(4)(a) (Rev.2014) provides that:

Every person who shall have forcible sexual intercourse with any person ... upon conviction, shall be imprisoned for life in the State Penitentiary if the jury by its verdict so…

2Cases cited30 opinions

  1. Rowland v. StateMississippi Supreme Court · 2010
  2. Luckett v. StateMississippi Supreme Court · 1991
  3. Caves v. YarbroughMississippi Supreme Court · 2008
  4. Cox v. StateMississippi Supreme Court · 2001
  5. Stewart v. StateMississippi Supreme Court · 1979

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