Mississippi Code
Miss. Code Ann. § 99-19-33 (2026)
Where penalty modified milder penalty may be imposed
✓ current as of July 2026
If any statute shall provide a punishment of the same character, but of milder type, for an offense which was a crime under pre-existing law, then such milder punishment may be imposed by the court but no conviction, otherwise valid, shall be set aside and new trial granted merely because of an error of the court in fixing punishment. Such error shall only entitle the party injured to vacate or reverse the judgment as to the punishment, and the legal punishment shall then be imposed by another sentence based on the original conviction or plea of guilty.
Codes, 1906, § 1574; Hemingway's 1917, § 1336; 1930, § 1362; 1942, § 2609.
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1983–2023 · leading case: Randy Charles Wilson v. State of Mississippi, 194 So. 3d 855 (Miss. 2016).
Randy Charles Wilson v. State of Mississippi, 194 So. 3d 855 (Miss. 2016). “See Miss. Code Ann. § 99-19-33 (“If any statute shall 28 The West Court wrote that the second sentence of Section 99-19-33 changed the word “may” in the first sentence into “shall.”
Douglas Walters v. State of Mississippi, 206 So. 3d 524 (Miss. 2016). “11 Miss. Code Ann. § 99-19-33 (Rev. 2015) (emphasis added).”
Daniels v. State, 742 So. 2d 1140 (Miss. 1999). “Daniels argues that the trial court erred in failing to sentence him according to the most recent amendment of the statute which is specifically allowed by Miss. Code Ann. § 99-19-33 (1994). He claims that he should have been sentenced to no more than thirty (30) years.”
West v. State, 725 So. 2d 872 (Miss. 1998). “He also argues that the Eighth Amendment required the trial court to give West the benefit of the amendments since his was a capital case, and that any ambiguity about whether the statutes applied had to be resolved in favor of West, since he was a criminal defendant. ¶ 13.…”
Timothy Allen Wilson v. State of Mississippi, 198 So. 3d 408 (Miss. Ct. App. 2016). “” Miss. Code Ann. § 99-19-33 . In this case, however, the offenses now codified in section 97-17-70 have different elements and are not the same offenses as contained in the statute prior to July 1, 2014.”
Lester Darrell Moore v. State of Mississippi, 187 So. 3d 109 (Miss. 2016). “Such error shall only entitle the party injured to vacate or reverse the judgment as to the punishment, and the legal punishment shall then be imposed by another sentence based on the original conviction or plea' of guilty.”
Allen v. State, 440 So. 2d 544 (Miss. 1983). “Miss. Code Ann. § 99-19-33 (1972); see also Lampley v.”
Linda Fay Barnett-Phillips v. State of Mississippi, 195 So. 3d 226 (Miss. Ct. App. 2016). “Miss.Code Ann. § 99-19-33. “This section gives the trial judge the right to sentence one convicted of [a] crime after the law has been changed so as to permit a milder sentence before the conviction has become final.”
Davis v. State, 738 So. 2d 299 (Miss. Ct. App. 1999). “Thus, the provisions of Miss.Code Ann. § 99-19-33 (Rev.1994) 1 do not apply, and the circuit court was without power to alter or amend the judgment and sentence handed down in 1972.”
Charlie Harris a/k/a Charlie C. Harris v. State of Mississippi (Miss. 2023). “Miss. Code Ann. § 99-19-33 (Rev. 2020) (emphasis added).”
Tracey Rushing v. State of Mississippi, 192 So. 3d 1113 (Miss. Ct. App. 2016). “at 1145 (¶17) (emphasis added) (applying Miss. Code Ann. § 99-19-33 (Rev. 2015)).3 However, we considered and rejected this same argument recently in Wilson.”
Larry Press Wells v. State of Mississippi, 202 So. 3d 1228 (Miss. 2016). “Miss. Code Ann. § 99-19-33 (Rev. 2015). Wells argues that this Court has “interpreted Section 99-19-33 to mean that, where a sentencing statute is- amended to provide for a lesser penalty, the trial court must impose the lesser penalty if the statute is amended before sentencing.”
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