requires that the convict must have been sentenced to separate terms of at least one year for each of his two prior felonies. Id. However, Section 99-19-83 provides that any person convicted of a felony that has two previous felony convictions, one of those being a conviction of a violent crime, that person will be sentenced to life imprisonment without the possibility of parole or probation. Miss. Code Ann. § 99-19-83 (Rev.2000) (emphasis added). ¶ 12. This issue has been examined before. The Mississippi Supreme Court determined that “[i]t [is] not necessary for the State to specify in the indictment which section of the habitual criminal statute they were proceeding under.” Ellis v. State, 469 So.2d 1256, 1258 (Miss.1985) (citing Osborne v. State, 404 So.2d 545, 548 (Miss.1981)) (<HOLDING>). ¶ 13. Assuming, for the sake of the argument,
recognizing that the two statutes are nearly identical holding that in the conviction and sentencing for criminal offenses committed in the course of one criminal episode it is the intent of the legislature that there be a separate conviction and sentence for each criminal offense unless one of the offenses is a degree of the other a necessarily included lesser offense subsumed in the other or both offenses are identical holding these two statutes are not criminal offenses and only affect sentencing holding that claims under  1983 1985 and 1986 are barred for the further reason that these statutes create rights solely against persons and a state is not considered a person under these statutes holding that when two underlying offenses are charged in an indictment for capital murder the state need only prove one of the two offenses to support the conviction