Evans v. State
| Docket Number: | 2007-CP-00295-COA Linked Case(s): 2007-CP-00295-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-22-2008 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Habitual offender status - Defective indictment Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 01-26-2007 Appealed from: Itawamba County Circuit Court Judge: Thomas J. Gardner Disposition: POST-CONVICTION RELIEF DENIED Case Number: CV06-11(G)I |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JEFFREY EARL EVANS A/K/A MICKEY |
JEFFREY EARL EVANS (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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 - Defective indictment |
| Summary of the Facts: | Jeffrey Evans pled guilty to grand larceny and was sentenced to five years. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Habitual offender status Evans argues that the trial court erred when it sentenced him as a habitual offender, because the two previous convictions and sentences listed in the indictment did not actually occur. During the plea colloquy, the trial court twice asked Evans about his prior convictions. The trial court specifically questioned him if each prior conviction charged in the indictment was true. He responded that each charge was true. These exchanges provided enough of a factual basis for the trial court to accept the guilty plea as to the enhancement charge. Issue 2: Defective indictment Evans argues that his indictment was defective for failing to properly charge him as a habitual offender. The indictment charged him as a habitual offender under section 99-19-81 and specifically alleged two prior convictions. It included where the convictions occurred, the cause numbers, the crimes committed, the conviction dates, and the sentences. Clearly, the indictment sufficiently charged Evans as a habitual offender. |
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