Isaac v. State
| Docket Number: | 2005-CP-01523-COA Linked Case(s): 2005-CP-01523-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-29-2007 Opinion Author: ROBERTS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence - Amendment of indictment - Habitual offender status - Sentencing order Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND CARLTON, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 06-22-2005 Appealed from: PIKE COUNTY CIRCUIT COURT Judge: Mike Smith Disposition: PETITION FOR POST - CONVICTION RELIEF DENIED. Case Number: 05-136-PCS |
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| Party Name: | Attorney Name: | |||
| Appellant: | DELRON ISSAC A/K/A DELRON ISAAC |
DELRON ISSAC (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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 - Illegal sentence - Amendment of indictment - Habitual offender status - Sentencing order |
| Summary of the Facts: | Delron Isaac pled guilty to aggravated assault as a habitual offender and was sentenced to life imprisonment. Isaac filed a petition for post-conviction relief which the court dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Illegal sentence Isaac argues that the court sentenced him to a twenty-year sentence and then imposed a greater sentence of life imprisonment. The circuit court began to sentence Isaac to a twenty-year sentence, but the prosecutor notified the circuit court that Isaac was being sentenced as a habitual offender pursuant to section 99-19-83. The circuit court then read the statute and sentenced Isaac to life imprisonment. Thus, there was no error. Issue 2: Amendment of indictment Isaac argues that the prosecution ambushed him when it amended the indictment to reflect the habitual offender allegation. The record does not support Isaac’s version of events. It is obvious that Isaac was aware of the habitual offender allegation prior to his guilty plea not only to aggravated assault, but also to his habitual offender status. Issue 3: Habitual offender status Isaac argues that the evidence was insufficient to sentence him to life imprisonment pursuant to section 99-19-83, because he never served one year or more incident to two prior convictions. The record does not support Isaac’s mistaken or fabricated recollection. Serving one year or more of concurrent sentences for separate convictions arising out of separate incidents at different time amounts to serving more than one year on each sentence for purposes of the habitual offender statute. Isaac also argues that a jury should have decided whether he qualified for enhanced sentencing as a habitual offender. Prior convictions are a recognized exception to the requirement of jury determination of enhancing sentencing factors. Issue 4: Sentencing order Isaac argues that the sentencing order is void because it references Otis Bonds. The sentencing order refers to Otis Bonds once. It is styled appropriately and it refers to Isaac four times. It is clear that reference to Otis Bonds is a harmless clerical or scrivener’s error. |
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