SHAWN ANTONIO JACKSON A/K/A SHAWN JACKSON A/K/A SHAWN A. JACKSON, APPELLANT
STATE OF MISSISSIPPI, APPELLEE
COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 06/11/2013. TRIAL JUDGE: HON. LAWRENCE PAUL BOURGEOIS JR. TRIAL COURT DISPOSITION: POST-CONVICTION-RELIEF MOTION DENIED.
SHAWN ANTONIO JACKSON, APPELLANT, Pro se.
FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: BARBARA WAKELAND BYRD.
BEFORE GRIFFIS, P.J., BARNES, CARLTON AND JAMES, JJ.
¶1. Shawn Antonio Jackson pled guilty to several counts of transfer of a controlled substance and possession with intent to distribute a controlled substance. He was originally sentenced to twenty years to serve. This sentence was subsequently reduced to twelve years to serve. The State convinced the circuit court that the court lacked jurisdiction to reduce Jackson's sentence and that Jackson's only recourse was to seek the reduction through a post-conviction-relief (PCR) motion. The circuit court then reinstated Jackson's twenty-year sentence, and Jackson filed the PCR motion.
¶2. This motion was ignored for over eleven years until Jackson amended and/or supplemented it with the specific argument that the circuit court had possessed jurisdiction to reduce his sentence. Rather than address the merits of this argument, the State argued that Jackson had not obtained permission to supplement his PCR motion and that it was untimely. The circuit court agreed and denied the motion and supplemental motion on procedural grounds. It is from this order that Jackson appeals.
¶3. We find that the amended and/or supplemental motion raised an issue under the intervening decision in Presley v. State, 792 So.2d 950 (Miss. 2001), that should have been considered on the merits. We remand for a determination of whether the circuit court's decision to reduce Jackson's sentence to twelve years should be reinstated.
STATEMENT OF FACTS AND PROCEDURAL HISTORY
¶4. On March 30, 2001, Jackson pled guilty and was sentenced in the Harrison County Circuit Court to twenty years to serve for transfer of a controlled substance and possession with intent to distribute a controlled substance. That same day, the last day of that term of court, Jackson moved to reduce his sentence and to carry the motion from term to term. The circuit court granted the motion to carry the motion from term to term.
¶5. On June 14, 2001, the Mississippi Supreme Court issued its opinion in Presley, 792 So.2d at 953 (¶ 13), holding that a circuit court retains jurisdiction, after a term of court has ended, to rule on motions filed during that term of court. Thereafter, on July 16, 2001, the circuit court reduced Jackson's sentence to twelve years to serve. The State moved to reconsider and convinced the circuit court that the court lacked jurisdiction to reduce Jackson's sentence, since the term of court had ended, and that Jackson's only recourse was to file a PCR motion.
¶6. On July 27, 2001, the circuit court set aside the July 16 order and re-imposed Jackson's twenty-year sentence. Jackson then promptly filed a PCR motion on August 2, 2001. A motion for rehearing in Presley was denied, and the supreme court's decision became final on August ...