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Martin v. State

Court of Appeals of Mississippi

May 13, 2014

FREDDIE LEE MARTIN A/K/A FREDDIE L. MARTIN, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 01/08/2013. TRIAL JUDGE: HON. LAWRENCE PAUL BOURGEOIS JR. TRIAL COURT DENIED MOTION FOR POST-CONVICTION RELIEF.

FOR APPELLANT: FREDIE LEE MARTIN (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: JEFFREY A. KLINGFUSS.

BEFORE GRIFFIS, P.J., BARNES AND JAMES, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR.

OPINION

Page 268

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

JAMES, J.

¶1. Freddie Lee Martin pled guilty to one count of possession of a controlled substance with an enhanced penalty as a second drug offender. Martin filed a motion for post-conviction relief (PCR) claiming that his indictment was defective and that his sentence was illegal. Martin's motion was denied, and he now appeals. Finding no error, we affirm.

FACTS

¶2. On September 27, 2009, Martin was stopped by a Long Beach police officer after Martin's vehicle was observed performing an illegal " U-turn." Upon being asked to step out of the vehicle, two plastic bags fell from Martin's waistband. The bags contained 206 dosage units of what was later identified as hydrocodone. On March 29, 2010, a Harrison County grand jury indicted Martin on one count of possession of a controlled substance with intent to transfer or distribute, with an enhanced penalty as a second drug offender. On March 21, 2011, the indictment was amended, and Martin pled guilty to one count of possession of a controlled substance with an enhanced penalty as a second drug offender. Martin filed a motion for PCR in which he asserted that the indictment was defective and that his sentence was illegal. The trial court denied the motion and Martin now appeals.

DISCUSSION

¶3. When reviewing a trial court's denial or dismissal of a PCR motion, we will only disturb the trial court's factual findings if they are clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard of review. Hughes v. State, 106 So.3d 836, 838 (¶ 4) (Miss. Ct. App. 2012).

I. Defective Indictment

¶4. Martin was indicted for possession of hydrocodone, a schedule III controlled substance, pursuant to Mississippi Code Annotated section 41-29-139(a)(1) (Rev. 2013), with an enhanced penalty pursuant to Mississippi Code Annotated section 41-29-147 (Rev. 2013). The pertinent part of the March 29, 2010 indictment stated: " Freddie Lee Martin . . . did knowingly, wilfully, unlawfully, and feloniously possess [hydrocodone], a Schedule III [c]ontrolled [s]ubstance[,] with the intent to transfer or distribute[,] . . . [a]fter [Martin] had previously been convicted on December 3, 2007, of the crime and felony of [t]ransfer of a [c]ontrolled substance . . . ." Martin argues that his indictment was defective ...


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