Wallace v. State
| Docket Number: | 2011-CP-00639-COA Linked Case(s): 2011-CP-00639-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-24-2012 Opinion Author: Russell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Habitual offender status - Section 99-19-81 Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 04-08-2011 Appealed from: Harrison County Circuit Court Judge: John C. Gargiulo Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: B2401-2007-00614 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Roy Dale Wallace |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: LISA LYNN BLOUNT | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Post-conviction relief - Habitual offender status - Section 99-19-81 |
| Summary of the Facts: | Roy Wallace pled guilty to robbery as a habitual offender under section 99-19-81. Three years later, Wallace filed a motion to vacate his conviction and sentence which the court denied. Wallace appeals. |
| Summary of Opinion Analysis: | Wallace argues that the circuit court erred by not confirming the prior convictions relied upon to qualify him as a habitual offender. The State filed its motion to amend the indictment on December 4, 2007, to charge Wallace as a habitual offender under section 99-19-81. Wallace was convicted at least twice previously of felonies upon charges separately brought and arising out of separate incidents at different times. He was also sentenced separately to more than one year in state penal institutions for those previous crimes. The State proved the prior offenses by competent evidence. Wallace had an opportunity before and during his plea hearing to challenge the prior convictions used by the State as the basis for his habitual-offender status. He did not. Thus, Wallace’s status as a habitual offender was properly established at the time his sentence was imposed. |
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