KONINEDOU F. WALKER A/K/A KONINEDOU FONTA WALKER A/K/A KONINEDOU WALKER A/K/A FONTA WALKER APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 05/10/2017
HARRISON COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT HON.
ROGER T. CLARK JUDGE
ATTORNEY FOR APPELLANT: KONINEDOU F. WALKER (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
LEE, C.J., BARNES AND WESTBROOKS, JJ.
In this appeal, we must determine whether the trial court
erred in denying Koninedou Walker's motion to expunge his
record. Finding no error, we affirm.
In 2006, Walker was indicted on two counts of possession of a
controlled substance with intent to distribute. At the time,
Walker was on parole for two 2002 convictions- robbery and
burglary. Due to his arrest and indictment on the
possession-with-intent-to-distribute charges, Walker's
parole for the 2002 convictions was revoked, and he was
ordered to serve ten years in the custody of the Mississippi
Department of Corrections (MDOC). As a result, the 2006
possession-with-intent-to-distribute charges were passed to
the file by order dated October 16, 2007, and signed by the
Harrison County Circuit Court trial judge. The document was
titled "Announcement Passing to the Inactive
Files," and the reason marked was "Defendant
revoked . . . and sentenced to 10 years MDOC."
On September 27, 2016, Walker filed a motion for expungement
regarding the two possession-with-intent-to-distribute
charges. The trial judge denied Walker's motion, finding
that he failed to establish that any of the statutory
conditions regarding expungement applied to his situation.
Walker now appeals, asserting the trial court erred in
denying his motion.
Expungement is statutory in nature; thus we employ a de novo
standard of review. Robertson v. State, 158 So.3d
280, 281 (¶3) (Miss. 2015).
Walker contends that several statutes are applicable to his
situation, namely Mississippi Code Annotated section
41-29-150 (Rev. 2013), Mississippi Code Annotated section
99-15-26 (Rev. 2015), ...