Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sallie v. State

Supreme Court of Mississippi, En Banc

March 8, 2018

CRAIG D. SALLIE a/k/a CRAIG D. SALLIE, SR. a/k/a CRAIG SALLIE
v.
STATE OF MISSISSIPPI

          DATE OF JUDGMENT: 05/12/2015

         MADISON COUNTY CIRCUIT COURT TRIAL HON. JOHN HUEY EMFINGER JUDGE

          ATTORNEY FOR APPELLANT: CYNTHIA ANN STEWART.

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART.

          DISTRICT ATTORNEY: MICHAEL GUEST.

         ON WRIT OF CERTIORARI

          BEAM, JUSTICE.

         ¶1. Craig Sallie was charged with one count of aggravated assault for shooting Gregory Johnson in the back and one count of possession of a weapon by a convicted felon. A Madison County jury found Sallie guilty of both counts, and the circuit court sentenced him to twenty years and ten years, respectively, with sentences to run concurrently in the custody of the Mississippi Department of Corrections (MDOC). The circuit court also sentenced Sallie to an additional ten years pursuant to the firearm-enhancement statute under Mississippi Code Section 97-37-37 (Rev. 2014), with that sentence to run consecutively to the other sentences, for a total sentence of thirty years in the MDOC. The Court of Appeals affirmed. Sallie v. State, 155 So.3d 872 (Miss. Ct. App. 2013) (Sallie I).

         ¶2. On writ of certiorari, a majority of this Court found "Sallie was not given adequate pretrial notice that an enhanced punishment would be sought until after his conviction, " which violated his right to due process. Sallie v. State, 155 So.3d 760 (Miss. 2015) (Sallie II).[1] The majority affirmed Sallie's convictions for aggravated assault and felon in possession of a firearm but vacated Sallie's sentence and remanded the case to the circuit court for resentencing.

         ¶3. On remand, the circuit court restructured Sallie's remaining sentences to run consecutively instead of concurrently, resulting in a thirty-year sentence without the enhanced penalty portion prescribed by Section 97-37-37. Finding no error, the Court of Appeals affirmed. Sallie v. State, So.3d _, 2016 WL 7636895, 2015-KA-00819-COA (Miss. Ct. App. Dec. 6, 2016) (Sallie III).[2]

¶4. Sallie petitions this Court for certiorari review, raising one issue:

Whether the trial court's decision to change the sentences to run [consecutively] on Count I and Count II was error because the Court of Appeals affirmed those convictions and sentences and the Mississippi Supreme Court remanded only the sentence pursuant to [Section 97-37-37].

         FACTS AND PROCEDURAL HISTORY

         ¶5. On November 28, 2011, Johnson walked past Sallie's house en route to his own home. Sallie, who previously had accused Johnson of stealing a bottle of whisky from him, yelled at Johnson, demanding that Johnson come into his (Sallie's) yard. Johnson refused and told Sallie to come into the street so they could settle the dispute "like men." Johnson called Sallie an expletive and then turned to walk away. Sallie pulled out a gun and started shooting. Sallie shot Johnson five times, with one bullet hitting Johnson in the spine, paralyzing him from the waist down.

         ¶6. Sallie was charged with aggravated assault and possession of a firearm by a convicted felon. The jury found Sallie guilty of both counts. Afterward, the trial court scheduled a sentencing hearing and stated, "I also wish to consider the firearm enhancement as provided by 97-37-37(2)." See Miss. Code Ann. § 97-37-37(2) ("any convicted felon who uses or displays a firearm during the commission of any felony shall . . . be sentenced to an additional term of imprisonment . . . of ten (10) years").

         ¶7. At the sentencing hearing, Sallie objected to application of Section 97-37-37 based on lack of notice from the State and based on the trial court raising the enhancement sua sponte. The trial court sentenced Sallie to twenty years for aggravated assault, ten years for felon in possession of a firearm; the court then enhanced the sentence by ten years under Section 97-37-37(2).

         ¶8. Sallie appealed, claiming the trial court erred by limiting Sallie's cross-examination of Johnson at trial, and that the firearm enhancement to his sentence post-trial was illegal given that Sallie did not receive pretrial notice that he might be sentenced under that statute. The Court of Appeals found no merit in either assignment of error raised by Sallie.

         ¶9. Addressing the latter issue, the Court of Appeals found the enhanced portion of Sallie's sentence did not run afoul of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and therefore was legal. Sallie (I), 155 So.3d at 875. In analyzing Apprendi, the court found that all the elements of the firearm enhancement had been submitted properly to the jury and had been found by the jury beyond a reasonable doubt. Id. The court concluded that the indictment did not need to reference the enhancement statute; therefore, there was no unfair surprise regarding the firearm enhancement. Id.

         ¶10. This Court granted certiorari, stating:

We agree that the trial court did not abuse its discretion by limiting Sallie's cross-examination of Johnson. Therefore, we limit our review to the question of whether Sallie received fair notice of the firearm enhancement. See Guice v. State, 952 So.2d 129, 133 (Miss. 2007) (Supreme Court ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.