PATRICK CLARK A/K/A PATRICK EVANS CLARK A/K/A PATRICK E. CLARK APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 08/15/2018
COUNTY CIRCUIT COURT HON. JAMES McCLURE III
ATTORNEY FOR APPELLANT: PATRICK CLARK (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
J. WILSON, P.J., WESTBROOKS AND McDONALD, JJ.
Patrick Clark appeals the dismissal of his motion for
post-conviction collateral relief (PCR) pursuant to
Mississippi Code Annotated section 99-39-5 (Rev. 2015).
Finding no error, we affirm.
AND PROCEDURAL HISTORY
Clark was indicted in November 1998 in Panola County in
criminal cause number CR98-69BP1 for burglary, grand larceny,
and capital murder. Counts 1 and 2 (burglary and grand
larceny) were remanded to the file by an order dated March
On February 12, 1999, Clark pleaded guilty to capital murder
and was sentenced to life in prison without eligibility for
parole as a habitual offender pursuant to Mississippi Code
Annotated section 99-19-81 (Rev. 1976). Clark was sentenced
as a habitual offender because in March of 1993 he was
convicted of sexual battery in cause number CR92-138-C(P)2
and robbery in cause number CR93-2C(P1).
Clark later filed a motion for PCR with the circuit court,
arguing that the indictment in criminal cause number
CR98-69BP1 was defective because the capital murder portion
did not include the element of intent for the underlying
felony of burglary. The State conceded, and the circuit court
set aside Clark's plea and sentence in cause number
CR98-69BP1. The indictment was later dismissed without
Clark was again indicted by a different grand jury in August
2012. A jury convicted Clark of capital murder on February
24, 2015, and the court sentenced Clark to life imprisonment
as a habitual offender pursuant to Mississippi Code Annotated
section 99-19-83 (Rev. 2015). Clark appealed the conviction and
sentence, which this Court affirmed. Clark v. State,
233 So.3d 832 (Miss. Ct. App 2017), reh'g denied
(Aug. 22, 2017), cert. denied, 230 So.3d 1023 (Miss.
On January 16, 2018, Clark filed an "Application for
Leave to Proceed in Panola County Circuit Court with his
Petition for Post-Conviction Collateral Relief to Vacate
Judgment and Sentence in the Supreme Court." Clark
argued that he did not waive his right to be indicted by a
grand jury and that his indictment failed to include
essential elements of the offense of capital murder with the
underlying felony of burglary.
In an order filed on April 11, 2018, the Supreme Court
granted Clark's application for leave to proceed in the
trial court in part and denied ...