The Mississippi Court of Appeals has reversed a life sentence for a man convicted of kidnapping and sexual battery and sent the case back to Lowndes County Circuit Court for a new sentencing.
A Lowndes County jury convicted Autravious Gaston, 37, of two counts each of sexual battery, armed robbery and kidnapping in February 2018. However, the jury did not address Gaston’s sentence, with Circuit Judge Jim Kitchens instead issuing it. According to court documents, a jury has authority over whether someone convicted of kidnapping receives a life sentence in Mississippi.
Gaston was arrested on Feb. 11, 2015, after he reportedly stole a car, robbed a Sprint Mart on Military Road at gunpoint and forced two victims into a back room of the store and sexually assaulted them. He then forced one of the victims into the car and drove her to West Point, stopping multiple times and sexually assaulting her on the way.
Following the trial, Kitchens sentenced Gaston to life in prison for one count of kidnapping and two counts of armed robbery. He also sentenced Gaston to five years for grand larceny; 30 years for a separate count of kidnapping; 30 years in prison for each count of sexual battery; and 10 years in prison for possession of a weapon by a convicted felon. All but the two life sentences for armed robbery were consecutive.
A brief from the Mississippi Attorney General’s Office entered into the case states the trial court erred by sentencing Gaston to life in prison for kidnapping and requested the sentencing be remanded to circuit court.
Gaston’s sentencing hearing has not yet been rescheduled.
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