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Jackson v. State

Court of Appeals of Mississippi

August 1, 2017

MARLON K. JACKSON A/K/A MARLON JACKSON A/K/A MARLON KEVIN JACKSON JR. APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 02/22/2016

         HANCOCK COUNTY CIRCUIT COURT HON. CHRISTOPHER LOUIS SCHMIDT TRIAL JUDGE.

          ATTORNEY FOR APPELLANT: MARLON K. JACKSON (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE

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

          GREENLEE, J.

         ¶1. This is an appeal from Hancock County Circuit Court where Marlon Jackson moved for post-conviction relief from his present as well as prior convictions, which was denied. Finding no error, we affirm.

         BACKGROUND

         ¶2. On June 9, 2014, Jackson pleaded guilty to possession of more than one precursor chemical in violation of Mississippi Code Annotated section 41-29-313 (Rev. 2013). On June 16, 2014, he was sentenced as a habitual offender per Mississippi Code Annotated section 99-19-81 (Rev. 2015) to seven years' imprisonment without the possibility for early release.[1]Jackson has six prior convictions, five for burglary of a dwelling and one for sexual battery. He received sentences of one year or more for more than one of his prior convictions. On January 15, 2016, Jackson moved for post-conviction relief from his possession-of-precursor-chemicals conviction and sentence as well as from his prior sexual-battery conviction and sex-offender-registration requirement, which the trial court denied on February 23, 2016. On March 14, 2016, Jackson appealed to this Court.

         DISCUSSION

         ¶3. We review the denial of PCR for clear error and abuse of discretion. Ryals v. State, 51 So.3d 974, 975 (¶4) (Miss. Ct. App. 2010); Castro v. State, 159 So.3d 1217, 1219 (¶6) (Miss. Ct. App. 2015).

         ¶4. On appeal, Jackson asserts the following: (1) that the assistance of his counsel was ineffective; (2) that his habitual-offender sentence should be vacated; (3) that his sentence for his sexual-battery conviction was illegal; (4) that the indictment for his sexual-battery conviction was illegal; (5) that sexual battery is not a lesser-included offense of capital rape; (6) that the trial court did not have jurisdiction over him for his sexual-battery conviction; (7) that his sexual-battery conviction and sentence should be expunged; and (8) that he should not have to register as a sexual offender for his sexual-battery conviction.

         I. Effectiveness of Jackson's Counsel

         ¶5. To prevail on an ineffective-assistance-of-counsel claim, one must show that (1) his counsel's performance was deficient and (2) prejudice resulted. Jackson v. State, 178 So.3d 807, 812 (¶19) (Miss. Ct. App. 2014) (citing Strickland v. Washington, 466 U.S. 668, 687 (1984)). "It is presumed that counsel's representation falls within the range of reasonable professional assistance." Id. at (¶20) (citing Strickland, 466 U.S. at 689). In order to overcome the presumption, one must show that there is ...


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