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Clark v. State

Court of Appeals of Mississippi

June 4, 2019

PATRICK CLARK A/K/A PATRICK EVANS CLARK A/K/A PATRICK E. CLARK APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 08/15/2018

          PANOLA COUNTY CIRCUIT COURT HON. JAMES McCLURE III

          ATTORNEY FOR APPELLANT: PATRICK CLARK (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART

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

          McDONALD, J.

         ¶1. 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.

         FACTS AND PROCEDURAL HISTORY

         ¶2. 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 16, 1999.

         ¶3. 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).

         ¶4. 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 prejudice.

         ¶5. 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).[1] 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. 2017).

         ¶6. 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.

         ¶7. 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 ...


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