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Arnold v. State

Court of Appeals of Mississippi

August 22, 2017

JEFFERY E. ARNOLD A/K/A JEFFERY EUGENE ARNOLD A/K/A JEFFREY E. ARNOLD A/K/A JEFF ARNOLD APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 01/27/2016

         RANKIN COUNTY CIRCUIT COURT HON. JOHN HUEY EMFINGER

          ATTORNEY FOR APPELLANT: JEFFERY E. ARNOLD (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER

          BEFORE IRVING, P.J., ISHEE AND GREENLEE, JJ.

          ISHEE, J.

         FOR THE COURT:

         ¶1. In August 2013, Jeffrey Arnold pleaded guilty in the Rankin County Circuit Court for one count of the sale of alprazolam, and one count of conspiracy to sell hydrocodone and acetaminophen. The circuit court sentenced Arnold to fifteen years in the custody of the Mississippi Department of Corrections (MDOC) for Count I; and a consecutive twenty years in the custody of the MDOC for Count II, with all but one day suspended, followed by five years of postrelease supervision. Arnold was also assessed with various costs and fines.

         ¶2. In January 2016, Arnold filed a motion for postconviction relief (PCR). The circuit court dismissed Arnold's motion as a successive writ. Arnold now appeals. Finding no error, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶3. On March 21, 2013, Arnold was indicted by a Rankin County grand jury for one count of the sale of alprazolam, a Schedule IV controlled substance under Mississippi law, and one count of conspiracy to sell hydrocodone and acetaminophen, Schedule III controlled substances under Mississippi law.[1]

         ¶4. On August 4, 2013, Arnold pleaded guilty to both counts of the indictment. The circuit court found that Arnold's pleas of guilty were freely, voluntarily, knowingly, and intelligently made and entered. The circuit court further found that each plea had its own factual basis. Therefore, the circuit court accepted Arnold's plea-adjudicating him guilty on both counts. The circuit court then sentenced Arnold to fifteen years in the custody of the MDOC for Count I; and a consecutive twenty years in the custody of the MDOC for Count II, with all but one day suspended, followed by five years of postrelease supervision. Additionally, Arnold was assessed with costs and fines as to Count I; the minimum fine for Count II was suspended.

         ¶5. On January 25, 2016, Arnold filed a motion for PCR in the Circuit Court of Rankin County. On January 27, 2016, the circuit court dismissed Arnold's motion as a successive writ. In dismissing Arnold's motion, the circuit court emphasized the fact that Arnold had three previous PCR actions in the circuit court in the matter of this conviction. Also, the circuit court found Arnold's motion to be frivolous, and so the circuit court ordered that at least sixty days of ...


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