Clark v. State
| Docket Number: | 2005-CP-01977-COA Linked Case(s): 2005-CP-01977-COA ; 2005-CT-01977-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-07-2006 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ - Time bar - Habitual offender status Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 09-22-2005 Appealed from: Panola County Circuit Court Judge: Andrew C. Baker Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DENIED Case Number: Cv2005-0116-BP1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Patrick Evans Clark |
PATRICK EVANS CLARK (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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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 - Successive writ - Time bar - Habitual offender status |
| Summary of the Facts: | Patrick Clark pled guilty to capital murder. He was sentenced to life in prison as an habitual offender. He filed a motion for post-conviction relief which was denied. The denial was affirmed on appeal. Clark filed a second motion for post-conviction relief which was also denied. The denial was affirmed on appeal. Clark filed a third motion for post-conviction relief which was also denied. Clark appeals. |
| Summary of Opinion Analysis: | In addition to this motion being barred as successive writ, the time to file a motion for post-conviction relief is within three years after the entry of the judgment of conviction. Over six years have passed since Clark entered his guilty plea. Clark argues that the trial court erred by sentencing him as an habitual offender, under section 99-19-81, when he was indicted as an habitual offender under section 99-19-83. Habitual offender status is but one route to a prison term without possibility of parole. Another method is to commit certain crimes of violence. Clark was convicted of a crime that provided for life imprisonment without parole. Therefore, Clark was properly sentenced to life imprisonment without parole. Arguing a technical defect between the sentencing under section 99-19-81 as opposed to section 99-19-83 is of little or no effect. |
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