Before Sullivan, P.j., Mills And Waller, JJ.
The opinion of the court was delivered by: Mills, Justice
DATE OF JUDGMENT: 11/07/97
TRIAL JUDGE: HON. JOSEPH H. LOPER, JR.
COURT FROM WHICH APPEALED: WINSTON COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF
DISPOSITION SENTENCE VACATED; REMANDED - 11/12/98
¶1. On November 10, 1997, the Circuit Court of Winston County denied Danny Goss's motion to vacate/correct sentence. Aggrieved, Goss appeals to this Court assigning as error the following issues:
I. WHETHER THE TRIAL COURT ERRED IN SENTENCING GOSS TO A TERM EXCEEDING THE MAXIMUM ALLOWED BY STATUTE.
II. WHETHER THE TRIAL COURT ERRED IN SENTENCING GOSS TO A TERM OF PROBATION OR SUSPENDED SENTENCE PURSUANT TO STATUTE.
III. WHETHER THE TRIAL COURT DENIED GOSS DUE PROCESS OF LAW IN VIOLATION OF THE CONSTITUTIONS OF THE UNITED STATES AND MISSISSIPPI.
¶2. On May 5, 1995, Danny Goss pled guilty to burglary of an uninhabited dwelling
in violation of Mississippi Code Annotated § 97-17-27. Goss was indicted as an habitual offender, but the habitual offender provision was not applied to sentencing. He was sentenced to ten years in the Mississippi Department of Corrections, with seven years to serve and three years suspended for a five-year period. Goss's sentence was to run consecutively with a sentence he was then serving in Newton County. On October 29, 1997, Goss filed a motion to vacate/correct sentence. The court denied this motion stating that it had not placed Goss, a ...