Sumrell v. State of Mississippi et al, No. 4:2008cv00068 - Document 14 (N.D. Miss. 2009)
Court Description: FINAL JUDGMENT GRANTING petition for writ of habeas corpus. Signed by W. Allen Pepper on 04/09/09. (nsm, USDC)
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Sumrell v. State of Mississippi et al Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION MARK D’WAYNE SUMRELL PETITIONER V. NO. 4:08CV068-P-S STATE OF MISSISSIPPI, et al. RESPONDENTS FINAL JUDGMENT In accordance with the memorandum opinion issued this day, 1. Sumrell’s petition for a writ of habeas corpus is GRANTED; 2. the habitual offender portion of Sumrell’s sentence imposed under Miss. Code Ann. § 99-19-83 is VACATED; 3. this matter is REMANDED to the Circuit Court of Washington County, Mississippi for resentencing; 4. the resesentencing should occur within ninety (90) days from the date of memorandum opinion and this final judgment; and 5. This matter is CLOSED. IT IS SO ORDERED. THIS the 9th day of April, 2009. /s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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