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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32319
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Ingebretson on the Chambers Case the killer had 3 felonies

Customer Question

Ingebretson on the Jessica Chambers Case the killer had 3 felonies should he not have been under the 3 strikes
JA: Thanks. Can you give me any more details about your issue?
Customer: Sources telling us Quinton Tellis indicted in Jessica Chambers murder. Tellis incarcerated in Monroe Louisiana on other charges. http://bit.ly/1Q0kNjf
JA: OK got it. Last thing — Criminal Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 9 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Your post looks a little garbled. What specific question did you have?

Customer: replied 9 months ago.
I am close friends with Jessica Chamber's family. She was the girl burned alive in Mississippi. Her killer was indicted yesterday. He had 3 prior felonies. Would he not been under the 3 strike?
Expert:  Dwayne B. replied 9 months ago.

Mississippi has two different habitual offender statutes.

The first one states:

Section 99-19-81
:
Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to separate terms of one (1) year or more in any state and/or federal penal institution, whether in this state or elsewhere, shall be sentenced to the maximum term of imprisonment prescribed for such felony, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation.

Under this statute, if you served at least a year on each prior felony, you could be sentenced to the max for the third felony under MIssissippi's habitual offender law.

The more serious statute reads as follows:

Section 99-19-83
Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to and served separate terms of one (1) year or more in any state and/or federal penal institution, whether in this state or elsewhere, and where any one (1) of such felonies shall have been a crime of violence shall be sentenced to life imprisonment, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation.

Customer: replied 9 months ago.
Thank you
Expert:  Dwayne B. replied 9 months ago.

However, many DAs don't indict on the 3rd strike law until they have all of the documents in their possession to prove the prior offenses.

Expert:  Dwayne B. replied 9 months ago.

The DA can amend the indictment or re-indict later.

Expert:  Dwayne B. replied 9 months ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.

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