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Clark v. State

Court of Appeals of Mississippi

June 20, 2017

JAMEIL CLARK A/K/A JAMEIL LEE CLARK A/K/A JAMEIL L. CLARK APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 10/20/2015

         HINDS 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.

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

          WESTBROOKS, J.

         ¶1. 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.

         FACTS AND PROCEDURAL HISTORY

         ¶2. 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.

         ¶3. 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.

         STANDARD OF REVIEW

         ¶4. 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) (citation omitted).

         DISCUSSION

         I.Not ...


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