Harris v. Mississippi
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The trial court sentenced Charles Harris as a habitual offender to the maximum twenty years for aggravated assault, and to ten years for being a convicted felon who used a firearm in the commission of a felony. But the statute that authorizes a ten-year sentence for using a firearm in the commission of a felony does not apply where a "greater minimum sentence" is available under some other provision of law. And because the minimum sentence available for Harris's habitual status exceeded ten years, the Supreme Court vacated his sentences and reversed and remanded the case to the Circuit Court for re-sentencing.
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