See Miss.Code Ann. § 41–29–139(b)(1) (Supp.2010). When a person is sentenced prior to a statute's amendment, the penalty of the statute as it existed at the time of sentencing applies. Davis v. State, 738 So.2d 299, 300 (¶ 3) (Miss.Ct.App.1999).¶ 7. This Court recently addressed this exact issue in Madden v. State, 186 So.3d 941 (Miss.Ct.App.2016).
However, when a person is sentenced prior to a statute's amendment, the penalty of the statute as it existed at the time of sentencing applies. Id. (citing Davis v. State, 738 So.2d 299, 300 (¶ 3) (Miss.Ct.App.1999) ). ¶ 9.
However, when the sentence is announced prior to the statute's amendment, the statute as it existed at the time of the sentencing would apply. Davis v. State, 738 So.2d 299, 300 (¶ 3) (Miss.Ct.App. 1999). ¶ 20.