MARLON K. JACKSON A/K/A MARLON JACKSON A/K/A MARLON KEVIN JACKSON JR. APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 02/22/2016
COUNTY CIRCUIT COURT HON. CHRISTOPHER LOUIS SCHMIDT TRIAL
ATTORNEY FOR APPELLANT: MARLON K. JACKSON (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BILLY L. GORE
GRIFFIS, P.J., CARLTON AND GREENLEE, JJ.
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.
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.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.
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).
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.
Effectiveness of Jackson's Counsel
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 ...