OF JUDGMENT: 12/13/2017
GRENADA COUNTY CIRCUIT COURT HON. JOSEPH H. LOPER JR. TRIAL
ATTORNEYS FOR APPELLANT: ROBERT FRED LINGOLD JR. VICKI L.
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
JEFFREY A. KLINGFUSS
BARNES, C.J., TINDELL AND McCARTY, JJ.
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.
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.
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Crump's bail was revoked, and after a warrant was issued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.
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.
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 (¶3) (Miss. Ct. App.
2017). Where the circuit court's decision is based upon
questions of law, our ...