Before Bridges, C.j., Payne, And Southwick, JJ.
The opinion of the court was delivered by: Payne, J.
DATE OF JUDGMENT: September 11, 1997
TRIAL JUDGE: HON. L. BRELAND HILBURN, JR.
COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: AGGRAVATED ASSAULT W/ WEAPON (HABITUAL OFFENDER) SENTENCED TO SERVE A TERM OF LIFE IN THE CUSTODY OF THE MDOC
DISPOSITION: AFFIRMED CONVICTION AND REMANDED FOR PROPER RESENTENCING
¶1. William Chancellor, a.k.a. Michael Paige, a.k.a. Michael Jones, was indicted for aggravated assault which occurred on May 31, 1995. Chancellor was indicted as an habitual offender as he had prior felony convictions for robbery and receiving stolen property. On May 21, 1996, Chancellor received a jury trial in the First Judicial District of Hinds County, Mississippi. The jury found Chancellor guilty of aggravated assault. The trial Judge sentenced Chancellor to life commitment in the custody of the Mississippi Department of Corrections, pursuant to Miss. Code Ann. § 99-19-83 (Rev. 1994).
¶2. The State failed to support its indictment with evidence that Chancellor had served in excess of one year on both of his prior commitments in order to sustain a finding under Miss. Code Ann. § 99-19-83 (Rev. 1994). Accordingly, the State amended the indictment to Miss. Code Ann. § 99-19-81 (Rev. 1994). The trial Judge sentenced Chancellor to serve twenty years in the custody of the Mississippi Department of Corrections; however, the amended sentencing order was not changed to reflect the new sentence. After careful review of the facts and law concerning this situation, we affirm the conviction of aggravated assault, but hold that the circuit court should rectify the sentencing order to reflect a sentence commensurate with Miss. Code Ann. § 99-19-81 (Rev. 1994).
¶3. On May 31, 1995, a shooting incident occurred at the Willow Grove Apartments on Yarborough Street in the city of Jackson, Mississippi. This shooting incident left the victim, Mario Lampley, paralyzed from the waist down.
¶4. Several witnesses testified. Curtiss Mosley testified that he saw William Chancellor with a weapon and testified that he saw Chancellor "pulling the trigger and shooting at Mario." Mosley further testified that he did not see Mario Lampley or Charles Gray, Lampley's cousin, with a gun. Omega Burkett saw Chancellor with a gun and further saw Chancellor shoot Lampley. Chancellor did not testify. However, Mario Lampley did testify. Mario stated that Chancellor shot him in the back. Charles Gray testified as well. Gray stated that Lampley attempted to walk away from Chancellor, but Chancellor shot Lampley in the back.
¶5. However, Rodney Chancellor, William Chancellor's brother, stated that Mario Lampley had a gun that day, and that he did not see his brother with a weapon. Dewayne Booker, William Chancellor's ...