Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

King v. State

Court of Appeals of Mississippi

May 30, 2017

MARK A. KING A/K/A MARK KING A/K/A MARK SIEGFRIED KING A/K/A MARK S. KING APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 04/29/2016

         MADISON COUNTY CIRCUIT COURT HON. JOHN HUEY EMFINGER, Judge

          ATTORNEY FOR APPELLANT: MARK A KING (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LISA L. BLOUNT

          BEFORE GRIFFIS, P.J., CARLTON AND GREENLEE, JJ.

          CARLTON, J.

         ¶1. Mark King entered a guilty plea to the charge of possession of counterfeit bank notes or other instruments. The Madison County Circuit Court sentenced King to ten years in the custody of the Mississippi Department of Corrections (MDOC) and ordered him to pay court costs, fees, and assessments in the amount of $498.50. King filed a motion for postconviction relief (PCR), arguing that his indictment was defective for failing to provide him with notice of the amount of counterfeit bank notes in his possession, and as a result, his sentence was unconstitutional. After reviewing the record and King's PCR motion, the circuit court denied King's requested relief and dismissed his PCR motion. King now appeals. Finding no error, we affirm the circuit court's dismissal of King's PCR motion.

         FACTS

         ¶2. On August 14, 2014, a Madison County grand jury indicted King for possession of counterfeit bank notes or other instruments in violation of Mississippi Code Annotated section 97-21-37 (Rev. 2006) (Count I), and conspiracy to possess a counterfeit instrument in violation of Mississippi Code Annotated section 97-1-1 (Rev. 2006) (Count II).[1]

         ¶3. On November 17, 2014, King entered a plea of guilty to Count I, possession of counterfeit bank notes, and Count II was nolle prossed. On December 8, 2014, the circuit court sentenced King to serve ten years in the custody of the MDOC and to pay court costs, fees, and assessments in the amount of $498.50.

         ¶4. On April 15, 2016, King filed a PCR motion, arguing that his indictment was defective for failing to provide him notice of the monetary value of the counterfeit bank notes he was charged with possessing. King further submitted that no proof was offered in the indictment as to the face amount of those notes. King also claimed that his sentence exceeded the maximum authorized by law, arguing that he should not have been sentenced to more than six months in the county jail pursuant to the amendment to the sentencing scheme found in Mississippi Code Annotated section 97-21-33(1) (Rev. 2014).

         ¶5. After reviewing both the record and King's PCR motion, the circuit court entered an order on April 29, 2016, denying King's requested relief and dismissing his PCR motion. The circuit court explained:

[P]ursuant to the versions of . . . [sections] 97-21-37 and 97-21-33 in effect on the date the crime was committed, it was a felony to possess such counterfeit checks in any amount. While the State could have proceeded against King on a misdemeanor charge if the face amount of the checks [was] below $500, the State was not required to do so and could have proceeded against King as a felony regardless of the face amount of the checks.

         The circuit court also held that the face of the indictment clearly provided King with notice that the State was charging him with a felony charge of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.