JAMEIL CLARK A/K/A JAMEIL LEE CLARK A/K/A JAMEIL L. CLARK APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 10/20/2015
COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT, HON. WILLIAM
A. GOWAN JR. TRIAL JUDGE.
ATTORNEY FOR APPELLANT: CYNTHIA ANN STEWART.
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BILLY L. GORE.
IRVING, P.J., CARLTON AND WESTBROOKS, JJ.
Jameil Clark was indicted for aggravated assault in the
Circuit Court of Hinds County. The indictment charged an
enhancement under Mississippi Code Annotated section
41-29-152 (Rev. 2013) (which deals with drug offenses).
However, the State realized that the sentence enhancement was
under Mississippi Code Annotated section 97-37-37 (Rev.
2014). On the State's motion, the indictment was then
amended to reflect the correct statute. Clark pled guilty and
was sentenced to twenty years in the custody of the
Mississippi Department of Corrections (MDOC) for aggravated
assault, with five years suspended, plus a consecutive five
years under the firearm-enhancement statute charged by the
amendment of the indictment, for a total of twenty years to
serve. Clark filed a motion for postconviction relief (PCR),
which was denied. Clark timely appeals. After review of the
record, we affirm the judgment of the circuit court.
AND PROCEDURAL HISTORY
On June 28, 2015, Clark prepared to enter an open plea on the
charge of aggravated assault. However, his attorney moved to
strike the second paragraph of the indictment as surplusage.
Clark argued that the enhancement listed was for controlled
substances and completely inapplicable to his indictment. The
State conceded that it was the wrong code section; however,
the State claimed the mistake was a scrivener's error.
The circuit court offered to postpone the plea; however,
Clark went ahead and entered the guilty plea.
On July 2, 2016, the circuit court sentenced Clark to twenty
years in the custody of MDOC for aggravated assault, with
five years suspended, leaving fifteen years to serve. Clark
was also sentenced to a consecutive five-year firearm
enhancement, resulting in a total of twenty years to serve.
He was also sentenced to five years of postrelease
supervision. Clark filed his PCR motion, which the circuit
court denied. Clark timely appeals.
In PCR cases, "we will not disturb the trial court's
findings unless they are found to be clearly erroneous."
Jackson v. State, 965 So.2d 686, 699 (¶6)
(Miss. 2007) (citations omitted). "However, if questions
of law are raised, then the applicable standard of review is
de novo." Id. "Whether a defendant
received fair notice of a sentence enhancement is a question
of law that we review de novo." Sallie v.
State, 155 So.3d 760, 762 (¶7) (Miss. 2015)