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Adele v. State

Court of Appeals of Mississippi

February 28, 2017

DAVID RAY ADELE A/K/A DAVID R. ADELE A/K/A DAVID ADELE APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 10/29/2015

         GEORGE COUNTY CIRCUIT COURT HON. KATHY KING JACKSON TRIAL JUDGE

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: MOLLIE MARIE MCMILLIN.

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ABBIE EASON KOONCE.

          DISTRICT ATTORNEY: ANTHONY N. LAWRENCE III.

          BEFORE IRVING, P.J., CARLTON AND WESTBROOKS, JJ.

          CARLTON, J.

         ¶1. A George County jury found David Ray Adele guilty of aggravated domestic assault. The George County Circuit Court sentenced Adele as a habitual offender pursuant to Mississippi Code Annotated section 99-19-83 (Rev. 2015) to life in the custody of the Mississippi Department of Corrections (MDOC) without the possibility of parole. Adele now appeals, arguing that the trial court erred in sentencing him as a habitual offender. Adele asserts that the State failed to show evidence satisfying the requirements of the habitual-offender statute; specifically, that Adele had been sentenced to and served separate terms of one year or more on two separate convictions. See id. Finding no error, we affirm.

         FACTS

         ¶2. On July 23, 2013, Adele was indicted on one count of aggravated domestic violence in violation of Mississippi Code Annotated section 97-3-7(4) (Supp. 2016). The State filed a motion to amend Adele's indictment on September 17, 2015, seeking to charge Adele as a habitual offender pursuant to section 99-19-83 based on two separate prior convictions: (1) an April 20, 1992 conviction for unlawful restraint in St. Clair County, Illinois, wherein the trial court sentenced Adele to twelve months conditional discharge; and (2) an October 28, 1992 conviction for first-degree murder, also in St. Clair County, Illinois, wherein the trial court sentenced Adele to serve thirty years in the custody of the Illinois Department of Corrections (IDOC). After a hearing on the matter held on October 27, 2015, the trial court granted the State's motion. The record reflects that the defense made no objection to the amendment of Adele's indictment.

         ¶3. After a trial held October 27-28, 2015, the jury found Adele guilty of aggravated domestic violence. On October 29, 2015, the trial court sentenced Adele as a habitual offender to life in the custody of the MDOC without the possibility of parole. The record reflects that Adele filed no posttrial motions. Adele filed his appeal of his conviction and sentence on November 12, 2015.

         STANDARD OF REVIEW

         ¶4. "A [trial] court's decision to permit the State to amend an indictment to reflect a defendant's habitual-offender status is an issue of law and enjoys a relatively broad standard of review." Curry v. State, 131 So.3d 1232, 1234 (ΒΆ5) (Miss. Ct. App. 2013). This Court has held that "[a]s long as the trial judge applied the correct legal standards, [we] will not reverse [her] decision unless it is manifestly in error, or is contrary to the ...


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