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Moore v. State

Court of Appeals of Mississippi

December 16, 2014

RICKY MOORE, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 11/04/2013.

COURT FROM WHICH APPEALED: MADISON COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. WILLIAM E. CHAPMAN III. TRIAL COURT DISPOSITION: MOTION FOR POST-CONVICTION RELIEF SUMMARILY DISMISSED.

RICKY MOORE, APPELLANT, Pro se.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL.

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

OPINION

Page 1209

ROBERTS, J.

¶1. Ricky Moore appeals the Madison County Circuit Court's decision to summarily dismiss his motion for post-conviction relief (PCR). Moore claims that the circuit court's sentence for armed carjacking is illegal in that he was rendered ineligible for parole. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. In March 2009, Moore was indicted and charged with armed carjacking, kidnapping, and possession of a firearm by a convicted felon.[1] The prosecution later successfully amended the indictment to charge Moore as a habitual offender under Mississippi Code Annotated section 99-19-83 (Supp. 2014). Consequently, Moore faced a potential sentence of life in the custody of the Mississippi Department of Corrections (MDOC).

¶3. The prosecution offered Moore a deal. If he agreed to plea guilty to armed carjacking and possession of a firearm by a convicted felon, the prosecution would not pursue the kidnapping charge or the habitual-offender portion of the indictment. However, the prosecution would not recommend a sentence.

¶4. Moore took the deal. He pled guilty to armed carjacking and possession of a firearm by a convicted felon on November 10, 2009. During the guilty plea

Page 1210

hearing, the prosecution stated that it was prepared to prove that Moore approached a woman as she was vacuuming her car, and he threatened her with a pistol. He took her vehicle and forced her to accompany him. While he was driving, the victim escaped. She broke her ankle in the process. Moore was extradited from ...


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