Before Prather, C.j., Banks And Smith, JJ.
The opinion of the court was delivered by: Prather, Chief Justice, For The Court:
SYLVESTER PALMER v. STATE OF MISSISSIPPI
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A
DATE OF JUDGMENT: 12/17/96
TRIAL JUDGE: HON. ROBERT LEWIS GIBBS
COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT
DISTRICT ATTORNEY: EDWARD J. PETERS
NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF
STATEMENT OF THE FACTS AND CASE
On August 17, 1994, Sylvester Palmer, who had twice been convicted of felonies, shot and killed Martine Mayberry. On September 25, 1995, immediately prior to the start of his trial for murder, Palmer agreed to plead guilty to manslaughter. During the plea colloquy, Palmer acknowledged that he had twice been convicted of felonies, and the trial Judge accepted Palmer's plea of guilty after informing him of his rights.
On September 27, 1995, Palmer formally signed a written petition to plead guilty to a charge of manslaughter, in return for a sentence of 20 years as an habitual offender. Soon after signing this plea of guilty, Palmer filed a motion for post conviction relief, alleging that his indictment was defective because it did not conclude with the words "against the peace and dignity of the State of Mississippi." On June 27, 1996, the Circuit Judge issued a ruling finding Palmer's arguments to be without merit and thus dismissing the PCR motion.
On October 4, 1996, Palmer filed another motion for post conviction relief, alleging that he had been improperly sentenced as an habitual offender. The trial Judge dismissed this second PCR motion as an improper successive petition, and the Judge found the ...