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Jenkins v. State

Court of Appeals of Mississippi

April 2, 2019

LORANZY JENKINS A/K/A LORANZY EUGENE JENKINS A/K/A LORANZY E. JENKINS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 03/12/2018

          COURT FROM WHICH APPEALED: RANKIN COUNTY CIRCUIT COURT TRIAL JUDGE: HON. WILLIAM E. CHAPMAN III

          ATTORNEY FOR APPELLANT: LORANZY JENKINS (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LISA L. BLOUNT

          BEFORE J. WILSON, P.J., GREENLEE AND McCARTY, JJ.

          MCCARTY, J.

         ¶1. Loranzy Jenkins appeals the circuit court's denial of his motion for post-conviction relief (PCR). In his PCR motion, Jenkins asserted that the indictment against him was fatally defective for failure to include essential elements of the crime of gratification of lust-to which he pleaded guilty. Finding that no essential elements were omitted in the indictment or other reversible error, we affirm the circuit court's denial.

         FACTS AND PROCEDURAL HISTORY

         ¶2. Jenkins pleaded guilty in the Rankin County Circuit Court to two counts of gratification of lust. The circuit court sentenced Jenkins to fifteen years for each count, suspended nine years from each count, and imposed five years of post-release supervised probation. The court ordered the sentences to run consecutively.

         ¶3. Jenkins timely filed a motion for post-conviction relief. He claimed that the indictment was fatally defective, resulting in "an illegal sentence, plain error, and the denial of due process during [his] prosecution and sentencing." He complained in his PCR motion that his indictment did not use the word "feloniously" in either count and that each count did not conclude with the language "against the peace and dignity of the State of Mississippi."

         ¶4. The circuit court denied Jenkins's PCR motion, stating that "for the reasons argued by the State, the petition is not well taken." From this order, Jenkins now appeals.

         STANDARD OF REVIEW

         ¶5. "When reviewing a trial court's denial or dismissal of a PCR motion, we will only disturb the trial court's factual findings if they are clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard of review." Bass v. State, 237 So.3d 172, 173 (ΒΆ4) (Miss. Ct. App. 2017). "Whether an indictment is fatally defective is a question of law ...


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