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Mississippi Republican Gov. Tate Reeves ordered the release of a man who was illegally sentenced to 15 years in prison for a crime that carries a maximum penalty of five years behind bars.
Marcus Taylor was granted clemency by the governor on Wednesday, and he must be freed within five days of the order.
“It is undisputed, as recently confirmed by all 10 members of the Mississippi Court of Appeals, that such a sentence for the offense committed plainly is illegal,” Reeves said in a statement on Wednesday.
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“Mr. Taylor has served more than 10 years of his sentence, and further service of this sentence in excess of the five-year statutory maximum constitutes a mischarge of justice,” he continued. “As governor, it is my sworn duty to ensure that the laws of the state of Mississippi are faithfully executed without passion or prejudice, and by commuting Mr. Taylor’s sentence to time served, I am fulfilling my Constitutional duty.”
The state’s Court of Appeals ruled in May that Taylor’s sentence was illegal, but did not commute his sentence because he had missed the deadline to apply for post-conviction relief.
But after rehearing the case last month, the court overturned its decision and ordered Taylor’s release.
Taylor accepted a plea deal in February 2015 for conspiracy to sell a Schedule III controlled substance.
The trial court and Taylor’s plea petition incorrectly showed the maximum sentence as 20 years, according to the appeals court.
Acting on the state’s sentence recommendation, a judge sentenced Taylor to 15 years.
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Taylor will finally be set free, after Reeves granted clemency for the first time since taking office in 2020.
“This is about justice, not mercy,” the governor said on Wednesday. “Mr. Taylor has served the entire five-year sentence for the crime to which he pled guilty. Respect for the rule of law and protecting every Mississippian’s right to individual liberty and self-determination are the bedrock principles upon which our Constitutional Republic and state were founded. If justice is denied to one Mississippian, it is denied to us all.”
The Associated Press contributed to this report.
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