OF JUDGMENT: 12/05/2017
COUNTY CIRCUIT COURT HON. GERALD W. CHATHAM SR. JUDGE
ATTORNEY FOR APPELLANT: ALLAN DAVID COOPER (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BARBARA WAKELAND BYRD
This is an appeal from the DeSoto County Circuit Court's
denial of Allan David Cooper's motion for post-conviction
relief (PCR) as meritless. Finding no error, we affirm.
AND PROCEDURAL HISTORY
Cooper was indicted in DeSoto County for obtaining over $35,
000 with the intent to defraud in violation of section
97-19-39 of the Mississippi Code Annotated (Rev. 2006). The
State later moved to amend his indictment to classify him as
a section 99-19-81 habitual offender:
and the said ALLAN DAVID COOPER having been previously
convicted of Bank Fraud in Case No. 2:96-CR-20197-001-TU in
the United States District Court of the Western District of
Tennessee and sentenced on June 19, 1997, to serve a term of
six months imprisonment and three years of supervised
release; and the said ALLAN DAVID COOPER having been
previously convicted of Theft of Property over $1000 in Case
No. 03-05362 in the Criminal Court of Shelby County,
Tennessee and sentenced on February 14, 2005, to serve a term
of three years in a Tennessee Department of Corrections
and the said ALLAN DAVID COOPER thereby coming under Section
99-19-81, Mississippi Code 1972 Annotated, as amended, a
Mississippi habitual offender statute, contrary to the form
of the statute in such cases provided, and against the peace
and dignity of the State of Mississippi.
See Miss. Code Ann. § 99-19-81 (Rev. 2015).
The court granted the motion, and Cooper pled guilty as a
section 99-19-81 habitual offender using bank fraud and
theft-of-property to establish that status. The DeSoto County
Circuit Court accepted his plea and sentenced him to serve
one day in the custody of the Mississippi Department of
Corrections, with credit for time served, followed by nine
years and 364 days of post-release supervision.
Four years later, Cooper pled guilty to wire fraud in the
United States District Court for the Western District of
Tennessee. The court sentenced him to serve twenty-seven
months in federal prison followed by three years of
The State of Mississippi then filed a petition to revoke
Cooper's post-release supervision associated with the
intent-to-defraud guilty plea on the basis that he had
committed a new crime in violation of its terms. After Cooper
was released from federal prison, the DeSoto County Circuit
Court revoked his post-release supervision and sentenced him
to five years' imprisonment.
Cooper moved for post-conviction relief. The circuit court
ordered the State to respond to Cooper's motion in light
of the Mississippi Supreme Court's holding in
Martin v. State, 214 So.3d 217 (Miss.
2017). The State did so, and the court found Cooper's
The court denied his motion, and Cooper appeals. He asserts
that: (1) both the initial sentence and the resultant
sentence from his post-release supervision violation were
improper because they stemmed from a fatally deficient
indictment; and (2) he received ineffective ...