Walker v. State
| Docket Number: | 2003-CP-00105-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-02-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Defective indictment Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
|
| Trial Court: |
Date of Trial Judgment: 12-13-2002 Appealed from: Marion County Circuit Court Judge: R. I. Prichard, III Disposition: MOTION DENIED District Attorney: Claiborne McDonald Case Number: 2002-0274PC |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Demario D. Walker |
PRO SE |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
|
|
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. |
|
| Topic: | Post-conviction relief - Defective indictment |
| Summary of the Facts: | Demario Walker pled guilty to attempting to utter a forgery. Walker was sentenced to ten years, but was permitted to attempt to earn his early release by participation in the RID program. Walker was removed from the RID program prior to completing the requirements but was still granted an early release on probation. That probationary release was later revoked when Walker was found to have violated the terms of his probation. Walker filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Walker argues that his sentence exceeded the statutory maximum and that the court lacked jurisdiction. He bases his argument on the fact that the indictment cited to sections 97-21-53 and 97-1-7. The reference to section 97-21-53 is in error since it primarily deals with forging or counterfeiting registered trademarks and related business proprietary materials and carries a maximum penalty of a five hundred dollar fine and imprisonment of not more than one year. However, this error is a non-jurisdictional defect in the indictment that was waived by the entry of Walker’s plea of guilty. Also, the essential elements of the actual crime charged were gone over in some detail and the court obtained assurance from Walker that he both knew the nature of the charge and freely admitted that he committed the acts that constituted the crime. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
