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Walker v. State

Court of Appeals of Mississippi

August 7, 2018

KONINEDOU F. WALKER A/K/A KONINEDOU FONTA WALKER A/K/A KONINEDOU WALKER A/K/A FONTA WALKER APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE 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: SCOTT STUART

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

          LEE, C.J.

         ¶1. 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.

         PROCEDURAL HISTORY

         ¶2. In 2006, Walker was indicted on two counts of possession of a controlled substance with intent to distribute.[1] 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his arrest and indictment on the possession-with-intent-to-distribute charges, Walker's parole for the 2002 convictions was revoked, and he was ordered to serve ten years in the custody of the Mississippi Department of Corrections (MDOC).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."

         ¶3. 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.

         STANDARD OF REVIEW

         ¶4. 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).

         DISCUSSION

         ¶5. 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), ...


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