Frederick Bell v. State of Mississippi

*189COLEMAN, Justice,

for the Court:

¶ 1. A jury convicted Frederick Bell of capital murder and sentenced him to death in 1993. He has since been declared mentally retarded and, therefore, his death sentence is unconstitutional under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). The circuit court resentenced Bell to life without parole pursuant to Mississippi Code Section 99-19-107. Bell appeals, asserting that Section 99-19-107 does not apply to his case. We agree, and we vacate Bell’s sentence and remand for resentencing.

Factual Background and Procedural History

¶2.…