DAVID RAY ADELE A/K/A DAVID R. ADELE A/K/A DAVID ADELE APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 10/29/2015
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.
IRVING, P.J., CARLTON AND WESTBROOKS, JJ.
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,
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.
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.
"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 (¶5) (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 ...