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“A Mississippi criminal justice advocacy group is calling for executive clemency for an inmate it said is serving an unlawful sentence, after his twin brother was recently released from prison through clemency.
“Maurice Taylor has been incarcerated since 2013. His twin brother, Marcus Taylor, is now free. Advocates with the Mississippi Impact Coalition said the different outcomes expose what they describe as a failure to correct a sentence that exceeds what Mississippi law allows.
How many other people are still incarcerated under sentences that the law never allowed?
“According to court records, Maurice Taylor pleaded guilty in 2015 to one count of business burglary in Choctaw County. Under Mississippi law, business burglary carries a maximum sentence of seven years. Despite that cap, Taylor was sentenced to 20 years in prison, with 15 years to serve, after the court applied a habitual offender enhancement that also made him ineligible for parole or probation.
“Emilee Shell [Leading with Conviction™ 2023] with the Mississippi Impact Coalition said the enhancement used in Taylor’s case does not authorize a sentence beyond the statutory maximum.
“‘Mississippi has two different habitual offender statutes, and they do very different things,’ Shell said. ‘In Maurice Taylor’s case, the court relied on Mississippi Code Section 99-19-81, and that statute does not increase the statutory maximum sentence.’
“Shell said the law only allows a defendant to be sentenced up to the maximum punishment already set by the underlying crime.
“‘Maurice Taylor pled guilty to one count of business burglary, which carries a maximum sentence of seven years,’ she said. ‘I don’t know under what circumstances a 20-year sentence for this offense would be lawful.’
“Court documents show Taylor was originally charged with multiple counts related to a December 2013 incident. Two of those counts were dismissed, and he ultimately pleaded guilty to a single charge. The sentencing order shows the court imposed a 20-year sentence under the habitual offender statute, with five years suspended and 15 years to serve.
“‘For the crime of business burglary, Mississippi caps the punishment at seven years,’ Shell said. ‘The sentence imposed on Maurice Taylor exceeded the statutory maximum and applied penalties the law does not authorize.’
“Shell said Mississippi law allows illegal sentences to be corrected at any time and considers them void.
“‘The courts have not corrected this sentence, despite the error being apparent on the judgment,’ she said. ‘Executive clemency is now the only remaining mechanism we know of to fix this mistake.’ …
“‘How many other people are still incarcerated under sentences that the law never allowed?’ she asked.”
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