Autravious Gaston v. State of Mississippi

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2018-KA-00296-COA
AUTRAVIOUS GASTON A/K/A TRE A/K/A APPELLANT
AUTRAVIOUS TIYON GASTON A/K/A OG
v.
STATE OF MISSISSIPPI APPELLEE
DATE OF JUDGMENT: 02/16/2018
TRIAL JUDGE: HON. JAMES T. KITCHENS JR.
COURT FROM WHICH APPEALED: LOWNDES COUNTY CIRCUIT COURT
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER
BY: GEORGE T. HOLMES
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL
BY: JOSEPH SCOTT HEMLEBEN
DISTRICT ATTORNEY: SCOTT WINSTON COLOM
NATURE OF THE CASE: CRIMINAL - FELONY
DISPOSITION: REVERSED AND REMANDED - 04/30/2019
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
EN BANC.
TINDELL, J., FOR THE COURT:
¶1. Autravious Gaston (“Gaston”) appeals his sentence of life imprisonment for
kidnapping from the Lowndes County Circuit Court. His sole argument is the legality of the
sentence, pursuant to Mississippi Code Annotated section 97-3-53 (Rev. 2014), whereby a
trial court may only sentence a defendant to life imprisonment for kidnapping if a jury pre-
fixes that sentence in its verdict. Because the jury did not authorize this sentence, we find
that the trial court exceeded its statutory sentencing authority, and we reverse and remand this
case for re-sentencing.
FACTS AND PROCEDURAL HISTORY
¶2. On February 16, 2018, a jury convicted Autravious Gaston (“Gaston”) of one count
of grand larceny (Count I), two counts of kidnapping (Counts II and III), two counts of armed
robbery (Counts IV and V), two counts of sexual battery (Counts VI and VII), and one count
of possession of a firearm by a felon (Count VIII). The trial court held a sentencing hearing
the same day and sentenced Gaston as follows: five years in the custody of the Mississippi
Department of Corrections for Count I; life imprisonment for Count II; thirty years for Count
III; life imprisonment for Counts IV and V; thirty years for Count VI and VII; and ten years
for Counts VIII—all to be served consecutively except for Counts IV and V, which were to
be served concurrently.
¶3. Gaston now appeals the trial court’s sentence of life imprisonment for kidnapping in
Count II, arguing that the sentence was illegal pursuant to Mississippi Code Annotated
section 97-3-53. In its responsive brief, the State acknowledged that the trial court erred by
sentencing Gaston beyond the statutory maximum without proper authority.
STANDARD OF REVIEW
¶4. Generally, this Court applies “a highly deferential standard of review for sentencing
matters, leaving the imposition of the sentence to the trial court’s discretion.” Perryman v.
State, 120 So. 3d 1048, 1052 (¶10) (Miss. Ct. App. 2013). A trial court’s sentence will not
be disturbed unless it exceeds the statutory maximum for the particular crime in question.
Wallace v. State, 607 So. 2d 1184, 1188 (Miss. 1992).
ANALYSIS
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¶5. Gaston’s first and only assignment of error was that the trial court illegally imposed
the sentence of life in prison upon his conviction of kidnapping, contrary to statutory
authority. Mississippi Code Annotated section 97-3-53 states that any person convicted of
kidnapping
shall be imprisoned for life in the custody of the Department of Corrections if
the punishment is so fixed by the jury in its verdict. If the jury fails to
agree on fixing the penalty at imprisonment for life, the court shall fix the
penalty at not less than one (1) year nor more than thirty (30) years in the
custody of the Department of Corrections.
(Emphasis added). Mississippi law is clear that a jury must pre-fix a sentence of life
imprisonment for kidnapping in its verdict or else the trial court is bound by the statutory
maximum of thirty years. Brooks v. State, 236 So. 2d 751, 754 (Miss. 1970). Where a trial
court fails to follow the statute, the failure constitutes plain error, and the case must be
remanded for re-sentencing. Erwin v. State, 557 So. 2d 799, 801 (Miss. 1990).
¶6. There is no evidence here that the jury fixed Gaston’s sentence at life in prison during
the trial of this matter. The jury merely found Gaston guilty of kidnapping, among other
charges, without addressing any possible punishment for this crime. The State acknowledges
in its brief that the trial court exceeded its statutory authority by imposing this sentence.
Further, the State agrees that Gaston’s case must be returned to the trial court for a new
sentencing hearing on the kidnapping charge. By imposing a sentence of life imprisonment
without authority from the jury, the trial court reached beyond its statutory limits, and we
have no choice but to find error in this case. Accordingly, we reverse and remand this case
for re-sentencing as to Count II.
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¶7. REVERSED AND REMANDED.
BARNES, C.J., CARLTON AND J. WILSON, P.JJ., GREENLEE,
WESTBROOKS, McDONALD, LAWRENCE, McCARTY AND C. WILSON, JJ.,
CONCUR.
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