Washington v. State

PRATHER, Justice,

for the Court:

The habitual offender sentencing statutes are the basis for a constitutional separation of powers challenge in this criminal appeal from the Circuit Court of Walthall County. Obie D. Washington, appellant, was convicted of rape and sentenced as a recidivist, in a bifurcated hearing, to thirty years in the custody of the Mississippi Department of Corrections. He appeals asserting that:(1) The court erred in overruling the defendant’s motion to quash the indictment, on the grounds that the said indictment was procured in violation of section 1 and section 2 of…