Harvey v. State
| Docket Number: | 2006-CP-00553-COA Linked Case(s): 2006-CP-00553-COA ; 2006-CT-00553-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-26-2007 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Habitual offender status Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 03-20-2006 Appealed from: TATE COUNTY CIRCUIT COURT Judge: Andrew C. Baker Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED. Case Number: CV2005-0375BT |
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| Consolidated: CONSOLIDATED WITH NO. 2006-CP-00585-COA: JEFFREY B. HARVEY A/K/A JEFFREY HARVEY, APPELLANT v. STATE OF MISSISSIPPI, APPELLEE | ||
| Party Name: | Attorney Name: | |||
| Appellant: | JEFFREY B. HARVEY A/K/A JEFFREY HARVEY |
JEFFREY B. HARVEY (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JACOB RAY |
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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 |
| Summary of the Facts: | Jeffrey Harvey pled guilty to two Tate County charges of uttering a forgery and to two DeSoto County charges of uttering a forgery. For each count, the court sentenced Harvey to ten years, with seven years to serve and three years on post-release supervision, with all four sentences to run concurrently. Harvey filed motions for post-conviction relief in Tate and DeSoto Counties. The circuit courts dismissed the motions, and Harvey appeals. |
| Summary of Opinion Analysis: | Harvey argues that the State failed to prove his habitual offender status beyond a reasonable doubt. Certified copies of pen packs have been deemed competent evidence of prior convictions for the purposes of the habitual offender statutes. It is manifest from the plea hearing transcript and Tate County's record of "Exhibit 1" that the Tennessee, federal, and Illinois pen packs were admitted into evidence against Harvey collectively as "Exhibit 1" and were considered by the circuit court in finding Harvey was a habitual offender. The pen packs revealed multiple convictions with over one-year sentences upon charges separately brought and arising out of separate incidents at different times. This proof was more than sufficient to establish Harvey as a habitual offender. |
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