Mississippi Advisory Opinions April 30, 1999: AGO 1999-0186 (April 30, 1999)

Advisory Opinion Text

Hon. Wanda H. Vowell

Choctaw County Circuit Clerk

Post Office Box 34

Ackerman, Mississippi 39735

Re: Disqualifying crime

Dear Ms. Vowell:

Attorney General Mike Moore has received your request for an official opinion of this office and has assigned it to me for a reply. The question you pose is as follows:

In 1983, two gentlemen form this county were convicted in circuit court of Timber Larceny. They were each sentenced to serve two years, with the two years being suspended, placed on two years of reporting probation, and to pay court cost and restitution. Both successfully completed the terms of probation with said probation being terminated for both on December 7, 1984. These gentlemen want to become registered voters. My question for consideration is: Under Article 12, Section 241 of the Mississippi Constitution, is timber larceny a disqualifying crime which would prevent an individual from becoming a registered voter?

Section 97-17-59 sets forth the elements of timber larceny. Those elements are the same as the elements of larceny and therefore a conviction for timber larceny is a disqualifying crime pursuant to Section 241 of the Mississippi Constitution. See also MS AG Op., Willis (March 21, 1997), attached.

If this office can be of any further assistance, please let us know.

Very truly yours,

Mike Moore, Attorney General

Sandra M. Shelson, Special Assistant Attorney General