Mississippi man ordered freed after serving more than 10 years of an illegal 15-year sentence

A man illegally sentenced to 15 years in prison for a crime that carries a maximum penalty of five years behind bars is set to walk free, after Mississippi Gov. Tate Reeves granted him clemency on Wednesday.

The Mississippi Court of Appeals ruled in May that Marcus Taylor’s sentence was illegal, but did not commute his sentence because Taylor had missed the deadline to apply for post-conviction relief.

After rehearing the case last month, the court reversed course, ordering Taylor’s release.

Taylor accepted a plea deal in February 2015 for conspiracy to sell a Schedule III controlled substance. Both the trial court and Taylor’s plea petition incorrectly listed the maximum sentence as 20 years, according to the appeals court.

Upon the state’s recommendation, a judge sentenced Taylor to 15 years.

“This is about justice, not mercy,” Reeves said in a statement. “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.”

It is the first time Reeves has granted clemency since taking office in 2020.

Reeves’ order said Taylor must be released within five days.

Taylor’s lawyer was not immediately available for comment.