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King v. State

Court of Appeals of Mississippi

August 22, 2017

PATRICK L. KING A/K/A PATRICK LASHUN KING A/K/A PAT L. KING A/K/A PATRICK KING APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 02/01/2016

         COPIAH COUNTY CIRCUIT COURT HON. LAMAR PICKARD

          ATTORNEY FOR APPELLANT: PATRICK L. KING (PRO SE).

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BARBARA WAKELAND BYRD

          BEFORE LEE, C.J., BARNES AND WESTBROOKS, JJ.

          WESTBROOKS, J.

         FOR THE COURT:

         ¶1. Patrick King pled guilty in the Circuit Court of Copiah County to six counts of counterfeiting records. King later filed his first petition for postconviction relief (PCR) in the circuit court, and it was denied. King appealed the circuit court's denial of his first petition, and this Court dismissed that appeal. King v. State, 2013-TS-01166-COA (Miss. Ct. App. Aug. 27, 2013). King filed a second PCR petition, but the circuit court dismissed King's petition for lack of jurisdiction. King subsequently filed an appeal in the Mississippi Supreme Court, and the Supreme Court found that the circuit court erred in dismissing King's PCR petition. Thereafter, King refiled his second PCR petition in the circuit court, and the circuit court denied that petition, finding that it was successive and without merit. King now appeals the circuit court's decision. Finding no error, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. Around April 2012, King sold five DVDs and one CD to an undercover investigator with the attorney general's office. The transaction was recorded on camera. King was indicted on six counts of violating Mississippi Code Annotated section 97-23-89 (Rev. 2014), "which prohibits the sale or distribution of recordings without display of required information" (commonly referred to as "piracy"). He was also indicted on one count of being a felon in possession of a firearm, in violation of Mississippi Code Annotated section 97-37-5 (Rev. 2014).

         ¶3. After King sold the items, investigators obtained a search warrant and searched his business. The investigators recovered around one thousand fifty DVDs and CDs.[1] After investigators discovered the items at King's business, they searched King's home, with the consent of his wife, and discovered various electronic devices that were likely used to produce the counterfeit DVDs and CDs.

         ¶4. On October 15, 2012, King entered a guilty plea on the six counts of piracy. However, he agreed to an open plea in exchange for the dismissal of the charge of being a felon in possession of a firearm. During his plea proceeding, King acknowledged that he understood he was waiving certain constitutional rights by pleading guilty. King expressed that he understood that the maximum sentence for each charge was three years. He also stated that he "understood the elements of the crime" "to knowingly fail to disclose the name and address of the manufacturer on the DVD and CD, " and that he did fail to disclose the information. King indicated that he was pleading guilty because he was guilty, and that he knowingly and voluntarily entered his plea. King noted that he made the determination to plead guilty, and that he was very happy with his counsel.

         ¶5. The circuit court accepted King's six guilty pleas, finding that the pleas were knowingly, intelligently, and voluntarily made. The circuit court did not enter a sentence on that date; instead it delayed sentencing to permit the State to make sentencing recommendations. The State recommended that King be sentenced to eighteen years in custody of the Mississippi Department of Corrections (MDOC), three years each on counts I through VI; counts I through V would run consecutively, and count VI would run concurrently - resulting in fifteen years to serve; King then would serve three years of postrelease supervision (PRS).

         ¶6. The circuit court accepted the State's sentencing recommendation. Thereafter, King filed a motion for a sentence reduction, and the circuit court granted that motion. King was resentenced to eighteen years in the custody of MDOC, with five years to serve, and the remainder suspended for PRS. The circuit court also granted the ...


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