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Herrin v. State

Court of Appeals of Mississippi

May 7, 2019

MICHAEL HERRIN APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 03/15/2018

          HINDS COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT HON. WINSTON L. KIDD JUDGE

          ATTORNEY FOR APPELLANT: MICHAEL HERRIN (PRO SE)

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

          BEFORE J. WILSON, P.J., GREENLEE, WESTBROOKS AND McDONALD, JJ.

          GREENLEE, J.

         ¶1. The Circuit Court for the First Judicial District of Hinds County dismissed Michael Herrin's motion for post-conviction relief (PCR).[1] We affirm the circuit court's order and find that Herrin's PCR motion was properly dismissed.

         FACTS AND PROCEDURAL HISTORY

         ¶2. 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.

         ¶3. 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.

         ¶4. 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."

         ¶5. 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.

         ¶6. 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.

         STANDARD ...


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