Court of Appeals of Mississippi October 11, 2011, No. 2009-KA-00669-COA (Taylor v. State)

ROBERTS, J.,

dissenting:

¶ 29. The majority affirms the decision of the Leflore County Circuit Court based on the judicial declaration that statutory rape is per se a crime of violence. With respect for the majority, I cannot reach the same conclusion. I would find that the prosecution proved that Carlos Taylor was a non-violent habitual offender. Taylor concedes that fact.