Shields v. State
| Docket Number: | 2010-CP-01994-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-17-2012 Opinion Author: Russell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence - Habitual offender status - Section 99-19-81 Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Fair, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 10-14-2010 Appealed from: Madison County Circuit Court Judge: Samac Richardson Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2010-0353-R |
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| Party Name: | Attorney Name: | |||
| Appellant: | Clonelle Shields a/k/a Clonelle Demarcus Shields |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF ATTORNEY GENERAL: JOHN R. HENRY JR. |
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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 - Habitual offender status - Section 99-19-81 |
| Summary of the Facts: | Clonelle Shields pled guilty to business burglary (Count I); business burglary (Count II); simple assault of a law-enforcement officer (Count I); simple assault of a law-enforcement officer (Count II); and possession of more than .1 gram but less than 2 grams of cocaine (Count III). Shields was sentenced as a habitual offender. Shields filed a post-conviction relief motion seeking to have his enhanced sentence as a habitual offender vacated on the basis that the 1997 aggravated-assault conviction listed within the State’s information was reversed by the Supreme Court and that case was remanded for resentencing under the simple-assault statute. The trial court denied the motion, and Shields appeals. |
| Summary of Opinion Analysis: | Shields argues that he was improperly sentenced as a habitual offender. If a defendant is a repeat offender falling within the provisions of section 99-19-81, the trial judge has no alternative but to sentence him under the statute. In addition to his 1997 aggravated-assault conviction, Shields had two other felony convictions that were properly used to sentence Shields as a habitual offender. Therefore, Shields was required to be sentenced as a habitual offender. |
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