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Matlock v. State

January 28, 1999

WILLIE MACK MATLOCK
v.
STATE OF MISSISSIPPI



Before Pittman, P.j., Smith And Mills, JJ.

The opinion of the court was delivered by: Pittman, Presiding Justice

DATE OF JUDGMENT: November 20, 1997

TRIAL JUDGE: HON. MARCUS D. GORDON

COURT FROM WHICH APPEALED: NEWTON COUNTY CIRCUIT COURT

BY: W. GLENN WATTS

DISTRICT ATTORNEY: KEN TURNER

NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF

DISPOSITION: AFFIRMED IN PART; REVERSED AND RENDERED IN PART - January 28, 1999

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

¶1. This is an appeal from the Newton County Circuit Court's denial of post-conviction relief. Willie Mack Matlock (hereinafter "Matlock") pled guilty under Miss. Code Ann. § 63-11-30(4) (1996) to two counts of driving negligently while intoxicated resulting in the deaths of two people. Matlock was sentenced to 15 years on each of the two counts of the indictment to be served consecutively.

¶2. Matlock filed his Motion for Post-Conviction Relief on March 13, 1995, asserting that his sentence subjected him to double jeopardy. After a hearing before the trial court on November 17, 1997, Matlock's motion was denied. Matlock timely filed his Notice of Appeal to this Court and asks that his second conviction be reversed and rendered leaving his first conviction intact.

STATEMENT OF THE FACTS

ΒΆ3. On August 8, 1993, Matlock had been fishing with friends and drinking beer. Subsequently, he drove his vehicle and collided with another vehicle operated by Ricky Harrison. As a result of the collision, Crystal and Jesse Harrison ...


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