Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Crump v. State

Court of Appeals of Mississippi

July 30, 2019

MALCOLM CRUMP A/K/A MALCOLM CORDEZ CRUMP APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 12/13/2017

          GRENADA COUNTY CIRCUIT COURT HON. JOSEPH H. LOPER JR. TRIAL JUDGE

          ATTORNEYS FOR APPELLANT: ROBERT FRED LINGOLD JR. VICKI L. GILLIAM

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS

          BEFORE BARNES, C.J., TINDELL AND McCARTY, JJ.

          TINDELL, J.

         ¶1. Malcolm Crump appeals the denial of his petition for post-conviction relief (PCR) by the Grenada County Circuit Court. Crump argues that the circuit court erred by denying his petition because: (1) the prosecution breached its plea agreement to dismiss Crump's habitual offender and subsequent offender enhancements, and (2) he was illegally sentenced as a habitual offender because the State failed to meet its burden beyond a reasonable doubt. Upon review, we find no error and affirm the circuit court's denial of Crump's PCR petition.

         FACTS

         ¶2. A grand jury indicted Crump on three separate charges of "Sale of a Schedule II Controlled Substance-Methamphetamine" (Indictment Nos. 2015-047, 2015-048, and 2015-049) in violation of Mississippi Code Annotated section 41-29-139 (Rev. 2013). Each indictment included two enhancements-one as a second or subsequent offender under Mississippi Code Annotated section 41-29-147 (Rev. 2013) for a prior conviction of "Possession of Marijuana in a Vehicle" on November 25, 2014, and another as a habitual offender under Mississippi Code Annotated section 99-19-81 (Rev. 2007) for "Business Burglary and Automobile Burglary." After entering a plea agreement with the prosecution, Crump pled guilty to all three charges on January 11, 2016. Crump's understanding of his plea agreement with the prosecution, as documented in his plea petition, would sentence him to the following: 20 years in the custody of the Mississippi Department of Custody (MDOC) for Cause No. 2015-047, 8 years in MDOC custody for Cause No. 2015-048, and 8 years in MDOC custody for Cause No. 2015-049. In exchange for Crump's guilty plea, the prosecution would dismiss the habitual offender and subsequent offender enhancements. Crump would also be eligible for parole. The circuit court accepted Crump's guilty plea and allowed him to remain free on bail until his sentencing hearing on February 1, 2016.

         ¶3. Crump accepted his guilty plea but then fled from Mississippi to Alaska and did not appear for his sentencing hearing. Crump's bail was revoked, and after a warrant was issued for his arrest, Crump was extradited from Alaska. He finally appeared before the circuit court on June 7, 2016, for his sentencing hearing, and the circuit court sentenced Crump with the second or subsequent offender and habitual offender enhancements. As such, Crump was sentenced to 40 years in MDOC's custody for Cause No. 2015-047, 16 years in MDOC's custody for Cause No. 2015-048, and 16 years in MDOC's custody for Cause No. 2015-049.

         ¶4. Crump's new sentence no longer made him eligible for parole. Following his sentencing, Crump filed a PCR petition with the circuit court for all three convictions on November 22, 2017. The circuit court denied his motion on December 13, 2017, and Crump now appeals this decision.

         STANDARD OF REVIEW

         ¶5. This Court reviews the dismissal or denial of a PCR motion for abuse of discretion, and we will only disturb the circuit court's decision if it is clearly erroneous. West v. State, 226 So.3d 1238, 1239 (ΒΆ3) (Miss. Ct. App. 2017). Where the circuit court's decision is based upon questions of law, our ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.