Sallie v. Mississippi
Annotate this CaseCraig Sallie was convicted of aggravated assault for shooting Gregory Johnson in the back with a firearm, as well as of possession of a firearm by a convicted felon. He was sentenced to twenty years for the aggravated assault conviction and ten years for the possession of a firearm conviction, to run concurrently. The trial court also sentenced Sallie to an additional ten years pursuant to the firearm sentence enhancement statute, with that sentence to run consecutively to the other sentences. The Court of Appeals affirmed Sallie’s convictions and sentence. Sallie moved for rehearing, which the Court of Appeals denied. The Supreme Court granted Sallie’s petition to address the issue of whether Sallie was entitled to notice of the firearm enhancement to his sentence. The Court found that Sallie did not receive timely or sufficient notice that the State intended to enhance his sentence using the firearm enhancement. Using the firearm enhancement to increase Sallie’s sentence resulted in unfair surprise. Accordingly, the Court reversed in part the judgments of the Court of Appeals and the trial court, vacated Sallie’s sentence, and remanded the case to the Circuit Court for resentencing.
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