OF JUDGMENT: 12/13/2018
BOLIVAR COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT HON.
ALBERT B. SMITH III TRIAL JUDGE:
ATTORNEY FOR APPELLANT: OTIS BRABOY (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
JOHN R. HENRY JR.
BARNES, C.J., McCARTY AND C. WILSON, JJ.
Otis Braboy pleaded guilty to manslaughter and armed robbery.
Appearing pro se, he now appeals the denial of his motion for
post-conviction collateral relief (PCR). Finding no error, we
In January 2006, Braboy and Emerson Osborne devised a plan to
rob eighty-six-year- old Lucy Jackson, who lived alone in
Shelby, Mississippi. Using Jackson's acquaintance from
church to get her to unlock and open her door, Braboy and
Osborne invaded her house and robbed her of around forty
dollars. Jackson died from blunt-force trauma to her head.
All three individuals involved in the crime were initially
indicted on one count of capital murder with the underlying
felony of robbery. Braboy's capital-murder charge was
ultimately reduced to manslaughter and armed robbery. Braboy
waived indictment and arraignment, consenting to proceed on
criminal information for these charges. The trial court
created separate cause numbers for each charge. The criminal
information documents stated Braboy, either acting
individually, in concert, or aiding and abetting Osborne,
killed Jackson in the heat of passion using a bludgeon, or
stick, while robbing her of thirty-five to forty dollars.
In April 2009, Braboy pleaded guilty to the two separate
charges of manslaughter and armed robbery. The trial court
sentenced Braboy to twenty years for the manslaughter charge
and fifteen years for the robbery charge, to be served
consecutively in the custody of the Mississippi Department of
In November 2018, Braboy filed a PCR motion, claiming it was
improper for the trial court to impose consecutive sentences
when the sentences arise from convictions involving the same
set of operative facts. Braboy requested either the sentences
be served concurrently or that one conviction and sentence be
The trial court, however, denied relief, noting that the
cases Braboy relied upon were decided before 1986, when the
Mississippi Legislature enacted Mississippi Code Annotated
section 99-7-2, which allows for multi-count indictments. The
statute, which has not been amended since 1986, also states
the trial court may impose sentences to run either
concurrently or consecutively to one another. Miss. Code Ann.
§ 99-7-2(5) (Rev. 2015). Lastly, the trial court found
Braboy's PCR motion was time barred. Braboy appealed.