OF JUDGMENT: 03/15/2018
COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT HON. WINSTON L.
ATTORNEY FOR APPELLANT: MICHAEL HERRIN (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
LISA L. BLOUNT
J. WILSON, P.J., GREENLEE, WESTBROOKS AND McDONALD, JJ.
The Circuit Court for the First Judicial District of Hinds
County dismissed Michael Herrin's motion for
post-conviction relief (PCR). We affirm the circuit court's
order and find that Herrin's PCR motion was properly
AND PROCEDURAL HISTORY
In February 1994, a grand jury for the First Judicial
District of Hinds County indicted Michael Herrin for rape,
burglary of a dwelling, and armed robbery. The indictment
also charged Herrin as being a non-violent habitual offender
under Mississippi Code Annotated section 99-19-81 (Rev.
1976). Herrin had previously been convicted of grand larceny
and possession of cocaine in Leflore County.
In September 1994, Herrin pled guilty to all three counts and
was sentenced, as a habitual offender, to serve twenty years
for rape, twenty years for armed robbery, and fifteen years
for burglary of a dwelling in the custody of the Mississippi
Department of Corrections.
On March 31, 2016, Herrin wrote a letter to inform the
Leflore County Circuit Clerk that his 1993 sentencing order
erroneously stated that he had been convicted for the
"sale of cocaine" instead of the "possession
of cocaine." In April 2016, the Leflore County Circuit
Court treated Herrin's letter as a PCR motion and found
that he was entitled to relief. And in February 2017, the
court entered a nunc pro tunc order, correcting the charge to
"possession of cocaine."
Subsequently, in August 2017, Herrin filed a PCR motion in
the Circuit Court for the First Judicial District of Hinds
County, claiming that he was improperly sentenced as a
habitual offender in 1994 because a "possession of
cocaine" conviction was used to enhance his sentences.
Herrin asserted in this PCR motion that he was actually
convicted of "sale of cocaine." On March 15, 2018,
the court dismissed Herrin's PCR motion, and on April 20,
2018, Herrin filed his notice of appeal.
On appeal, Herrin claims he was entitled to post-conviction
relief and that the circuit court erred by failing to make
any findings of fact or conclusions of law before dismissing
his PCR motion.