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Hampton v. State3/21/2000
n possession of a firearm.
. Hampton's argument has merit, as the necessary instruction was not given to trigger the enhanced sentence. Therefore, as to the sentence only, we reverse and remand this case to the trial court for re- sentencing on the offense of possession of a controlled substance only under Miss. Code Ann. § 41-19-139 (Rev. 1993), without the enhancement under Miss. Code Ann. § 41-29-152 (Rev. 1993).
CONCLUSION
. Finding the weight of the evidence supports the verdict and finding Hampton's Miranda rights not to have been violated, we affirm the trial court on Issues I and II. We reverse Hampton's enhanced sentence because of the failure to require the jury to find the presence of a firearm and remand for re-sentencing under § 41-29-139 alone.
. THE JUDGMENT OF THE MONROE COUNTY CIRCUIT COURT OF CONVICTION OF POSSESSION OF COCAINE IS AFFIRMED. THE ENHANCED SENTENCE OF SIX YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND FINE OF $5,000 IS REVERSED, AND THIS CAUSE REMANDED FOR THE LIMITED PURPOSE OF RE-SENTENCING. ALL COSTS OF THIS APPEAL ARE ASSESSED TO MONROE COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, IRVING, LEE, MOORE, AND THOMAS, JJ., CONCUR.
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