Smith v. State


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Docket Number: 2011-CP-00190-COA

Court of Appeals: Opinion Link
Opinion Date: 11-22-2011
Opinion Author: Lee, C.J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Habitual offender sentence - Section 99-19-81 - Earned time - Section 47-5-139(1)(b)
Judge(s) Concurring: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ.
Non Participating Judge(s): Myers, J.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 01-10-2011
Appealed from: Harrison County Circuit Court
Judge: Roger T. Clark
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED
Case Number: A2401-10-315

  Party Name: Attorney Name:  
Appellant: I.V. Smith, Jr.




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND  

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Topic: Post-conviction relief - Habitual offender sentence - Section 99-19-81 - Earned time - Section 47-5-139(1)(b)

Summary of the Facts: I.V. Smith Jr. pled guilty to possession of a controlled substance. Smith was sentenced as a habitual offender to ten years. Smith filed a motion for post-conviction relief which was denied. Smith appeals.

Summary of Opinion Analysis: Smith argues that he was unlawfully sentenced as a habitual offender because he was ordered to serve concurrent sentences for the two prior felony convictions. Smith contends that serving concurrent sentences for his prior felony convictions does not meet the requirement that he be sentenced to “separate terms of one year or more.” However, concurrent sentences are ‘separate’ terms under section 99-19-81. Smith also argues that he is entitled to meritorious earned time. However, Smith did not raise this issue in his PCR motion filed in the trial court; thus, this issue is procedurally barred. In addition, pursuant to section 47-5-139(1)(b), inmates who have been convicted as habitual offenders are not entitled to earned time.


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