Q: Can a person be sentenced as an Habitual Offender pur. Miss. Code Ann. Sec 99-19-83 without evidence at hearing

During the sentencing hearing the State failed to submit any competent evidence that defendant qualified under M.C.A. section 99-19-83

1 Lawyer Answer
Arthur Calderon
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Arthur Calderon
Answered
  • Criminal Law Lawyer
  • Cleveland, MS
  • Licensed in Mississippi

A: Usually, the state has to put forth evidence of the prior convictions in order for the 83 enhancement to apply; however, they can get around that if the defense stipulated to the prior convictions.

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