Howell v. Mississippi
Annotate this CaseMarlon Howell was convicted of possession of a controlled substance and sentenced to three years in the custody of the Mississippi Department of Corrections. In 2019, Howell filed a motion to vacate his three year sentence, claiming that his three year sentence was illegal because it exceeded the statutory maximum penalty in effect at the time of his conviction. The State filed a motion to dismiss, arguing that he did not have standing because his sentence had expired. The circuit court granted the motion, found that Howell did not have standing, and dismissed the case for lack of jurisdiction. Howell appealed, arguing that the circuit court erred. On the narrow question presented, interpreting Mississippi Code Section 99-39-5(1), the Mississippi Supreme Court held Howell had standing.
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