MARK A. KING A/K/A MARK KING A/K/A MARK SIEGFRIED KING A/K/A MARK S. KING APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 04/29/2016
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
GRIFFIS, P.J., CARLTON AND GREENLEE, JJ.
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.
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
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
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).
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.
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 ...