Mississippi Code

Miss. Code Ann. § 99-7-2 (2026)

When two or more offenses may be charged in single indictment; trial, verdicts, and sentences

✓ current as of July 2026

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(1) Two (2) or more offenses which are triable in the same court may be charged in the same indictment with a separate count for each offense if:
- (a) the offenses are based on the same act or transaction; or
- (b) the offenses are based on two (2) or more acts or transactions connected together or constituting parts of a common scheme or plan.

(2) Where two (2) or more offenses are properly charged in separate counts of a single indictment, all such charges may be tried in a single proceeding.

(3) When a defendant is convicted of two (2) or more offenses charged in separate counts of an indictment, the court shall impose separate sentences for each such conviction.

(4) The jury or the court, in cases in which the jury is waived, shall return a separate verdict for each count of an indictment drawn under subsection (1) of this section.

(5) Nothing contained in this section shall be construed to prohibit the court from exercising its statutory authority to suspend either the imposition or execution of any sentence or sentences imposed hereunder, nor to prohibit the court from exercising its discretion to impose such sentences to run either concurrently with or consecutively to each other or any other sentence or sentences previously imposed upon the defendant.

Laws, 1986, ch. 444, eff. 7/1/1986.

Notes of Decisions

Cited in 139 cases (7 in the last 5 years), 1988–2025 · leading case: Eakes v. State, 665 So. 2d 852 (Miss. 1995).

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Eakes v. State, 665 So. 2d 852 (Miss. 1995). · cites it 16× “Finally, according to the State, Miss. Code Ann. § 99-7-2 allows a single trial for two or more offenses properly charged in a multi-count indictment.”

Curtis Giovanni Flowers v. State of Mississippi, 158 So. 3d 1009 (Miss. 2014). · cites it 18× “Miss. Code Ann. § 99-7-2 (Rev. 2007) (emphasis added).”

Curtis Giovanni Flowers v. State of Mississippi, 240 So. 3d 1082 (Miss. 2017). · cites it 18× “Miss. Code Ann. § 99-7-2 (Rev. 2014) (emphasis added).”

Sanders v. State, 63 So. 3d 497 (Miss. 2011). · cites it 20× “" Miss. Code Ann. § 99-7-2 (1) (Rev.2007); URCCC 7.”

Stevens v. State, 806 So. 2d 1031 (Miss. 2001). · cites it 6× “However, the Mississippi Legislature adopted Miss.Code Ann. § 99-7-2 (2000), addressing whether two or more offenses may be tried together or must be severed.”

Corley v. State, 584 So. 2d 769 (Miss. 1991). · cites it 10× “2d at 914-916 ; see also, Miss. Code Ann. § 99-7-2 (Supp. 1990). We have been, and remain, unwilling to allow separate and distinct offenses to be tried in the same criminal proceeding.”

Woodward v. State, 533 So. 2d 418 (Miss. 1988). · cites it 6× “Miss. Code Ann. § 99-7-2 (Supp. 1987). (Effective from and after July 1, 1986).”

Eric Ramone Sharkey v. State of Mississippi, 265 So. 3d 151 (Miss. 2019). · cites it 6× “§ 99-7-2(1) (Rev. 2015); see also McCarty v.”

Parker v. State, 30 So. 3d 1222 (Miss. 2010). · cites it 4× “Miss.Code Ann. § 99-7-2 (Rev.2007). Here, the trial court correctly tried Parker in a single proceeding, and Parker’s criminal charges were based on a single, continuous act.”

Dequane Lomax v. State of Mississippi, 192 So. 3d 975 (Miss. 2016). · cites it 8× “Miss. Code Ann. § 99-7-2 (Rev. 2015). ¶30.”

Allman v. State, 571 So. 2d 244 (Miss. 1990). · cites it 6× “§ 99-7-2 (1972) (Supp. 1989) is pertinent to this issue and reads in its entirety as follows: (1) Two (2) or more offenses which are triable in the same court may be charged in the same indictment with a separate count for each offense if: (a) the offenses are based on the same…”

Brawner v. State, 872 So. 2d 1 (Miss. 2004). · cites it 5× “Brawner argues that counts two, three, and four involve the underlying felony of robbery, which is not found in count one, and thus count one is not based upon the same acts or transactions connected together or constituting parts of a common scheme or plan as required by…”

Show all 139 citing cases →

— Miss. Code Ann. § 99-7-2(1) — 28 cases

Eric Ramone Sharkey v. State of Mississippi, 265 So. 3d 151 (Miss. 2019). “§ 99-7-2(1) (Rev. 2015); see also McCarty v.”

Culp v. State, 933 So. 2d 264 (Miss. 2005).

Sanders v. State, 63 So. 3d 497 (Miss. 2011). “" Miss. Code Ann. § 99-7-2 (1) (Rev.2007); URCCC 7.”

Eakes v. State, 665 So. 2d 852 (Miss. 1995). “Finally, according to the State, Miss. Code Ann. § 99-7-2 allows a single trial for two or more offenses properly charged in a multi-count indictment.”

Aucoin v. State, 17 So. 3d 142 (Miss. Ct. App. 2009).

— Miss. Code Ann. § 99-7-2(1)(a) — 1 case

Allman v. State, 571 So. 2d 244 (Miss. 1990). “§ 99-7-2 (1972) (Supp. 1989) is pertinent to this issue and reads in its entirety as follows: (1) Two (2) or more offenses which are triable in the same court may be charged in the same indictment with a separate count for each offense if: (a) the offenses are based on the same…”

— Miss. Code Ann. § 99-7-2(1)(b) — 1 case

— Miss. Code Ann. § 99-7-2(2) — 5 cases

Rushing v. State, 911 So. 2d 526 (Miss. 2005).

Stovall v. State, 873 So. 2d 1056 (Miss. Ct. App. 2004).

Robert Anthony Moore v. State of Mississippi, 160 So. 3d 728 (Miss. Ct. App. 2015).

Ford v. State, 69 So. 3d 788 (Miss. Ct. App. 2011).

Willie Cory Godbolt v. State of Mississippi (Miss. 2024).

— Miss. Code Ann. § 99-7-2(3) — 7 cases

Aucoin v. State, 17 So. 3d 142 (Miss. Ct. App. 2009).

Stovall v. State, 873 So. 2d 1056 (Miss. Ct. App. 2004).

Ramage v. State, 914 So. 2d 274 (Miss. Ct. App. 2005).

Williams v. State, 757 So. 2d 953 (Miss. 1999).

Brooks v. State, 832 So. 2d 607 (Miss. Ct. App. 2002).

— Miss. Code Ann. § 99-7-2(4) — 1 case

Yates v. State, 916 So. 2d 577 (Miss. Ct. App. 2005).

— Miss. Code Ann. § 99-7-2(5) — 2 cases

Moody v. State, 841 So. 2d 1067 (Miss. 2003).

Otis Braboy v. State of Mississippi; (Miss. Ct. App. 2019).

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