Denham Springs, LA asked in Appeals / Appellate Law for Tennessee

Q: What motion if any can be file to help my brother?

My brother was convicted in 2005 in the circuit court of Coahoma county for conspiracy to commit murder and aggravated assault, and improperly charged as a habitual offender under M.C.A 99-19-83 and M.C.A 99-19-81 the judge sentence him under the larger statue, giving him two consecutive life sentences,,xxx was serving a 57 month term in federal prison prior to being convicted on the state charges,but had only served 10 months and 16 days before being convicted in State court, While M.C.A 99-19-83 requires that a defendant "must"have served at least 1 years on each prior conviction before he could be charged and sentenced under the larger Habitual statue,,Lorenzo filed a fourth PCCR which was denied on August 07,2020.

After speaking with Attorney, my brother xxx was advised that he had an illegal sentence.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Appeals & Appellate Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: This is a Tennessee forum. It sounds like he may wish to file a notice of appeal if he still has time. Get ahold of an attorney in the appropriate jurisdiction.

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