Erik Wayne Hollie v. State of Mississippi

KITCHENS, Justice,

specially concurring:

¶43. I agree with the majority that Erik Hollie’s guilty pleas, convictions, and sentences should be reversed and the case should be remanded. Because jeopardy attached to the sentencing portion of Hollie’s trial, the State is prohibited from seeking the death penalty on remand. I therefore concur specially.

A. The State presented insufficient evidence during the sentencing phase that Hollie previously had been convicted of a felony involving the use or threat of violence.

¶ 44. Under Section 99-19-105 of the Mississippi Code, this Court must review a…