Langston v. State
| Docket Number: | 2010-CP-00590-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-15-2011 Opinion Author: Ishee, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Habitual offender status - Section 99-19-81 - Ineffective assistance of counsel Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton and Maxwell, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 02-23-2010 Appealed from: Desoto County Circuit Court Judge: Robert P. Chamberlin Disposition: Motion for Post-Conviction Relief Dismissed Case Number: CV2010-0034CD |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Sepeccuss Langston |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT, SCOTT STUART | ||
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 - Ineffective assistance of counsel |
| Summary of the Facts: | Sepeccuss Langston entered a guilty plea to one count of possession of a controlled substance in a correctional facility. During the sentencing, Langston admitted to the trial court that he had twice been convicted of felonies in the State of Tennessee, thus making him a habitual offender. The trial court sentenced Langston to seven years. Langston filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Habitual offender status Langston argues that the trial court improperly sentenced him as a habitual offender pursuant to section 99-19-81, because the State failed to prove that he had been convicted twice previously of a felony within the meaning of the statute. Langston twice admitted that the State could establish the underlying felony convictions. Admissions to prior criminal convictions are sufficient to permit a finding of habitual status. Issue 2: Ineffective assistance of counsel Langston argues that his trial counsel was ineffective for failing to investigate the Tennessee convictions. Langston admitted to the two prior Tennessee felony convictions. Accordingly, there was sufficient evidence to meet the requirements of section 99-19-81. Additionally, there was no need for Langston’s trial counsel to investigate the Tennessee felony convictions, as Langston testified to them. |
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