Brown v. State

Summary

The Mississippi Supreme Court held that burglary of a dwelling is not per se a crime of violence for purposes of habitual-offender sentencing under Mississippi Code section 99-19-83. The State must provide evidence that the burglary involved an actual act of violence absent a legislative definition making burglary a crime of violence. The court reversed the Court of Appeals, vacated Brown’s life sentence, and remanded for resentencing while affirming his felony-escape conviction.

Holdings

1. Burglary of a dwelling is not per se a crime of violence for purposes of Mississippi Code section 99-19-83.
2. Absent a legislative definition, the State must prove beyond a reasonable doubt that the prior crime involved violence or a threat of violence; potential or hypothetical violence is insufficient.
3. Brown's burglary conviction could not support habitual-offender sentencing under section 99-19-83 because the State presented no evidence that the burglary involved violence.

Questions Presented

1. Whether burglary of a dwelling is per se a crime of violence for purposes of Mississippi Code section 99-19-83.
2. Whether the State must prove that a prior burglary involved actual violence or a threat of violence before the conviction may support habitual-offender sentencing under section 99-19-83.
3. Whether Brown's life sentence under section 99-19-83 could stand when the State presented no evidence that his prior burglary involved violence.

Disposition

reversed_and_remanded