COUNTY CIRCUIT COURT, HON. WILLIAM E. CHAPMAN III, JUDGE
ATTORNEY FOR APPELLANT: DAVID JACKSON (PRO SE)
FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART
MODIFIED OPINION ON MOTION FOR REHEARING
The motion for rehearing is granted based on the Mississippi
Supreme Courts decision in Howell v. State, No.
2018-CA-00813-SCT, 283 So.3d 1100, 2019 WL 6208366 (Miss.
Nov. 21, 2019). The original opinion is withdrawn, and this
modified opinion is substituted in its place.
On January 16, 1987, David Jackson was indicted for burglary
of an inhabited dwelling at night while armed with a deadly
weapon. Jackson signed a petition to enter a guilty plea on
February 27, 1987, and the Madison County Circuit Court
sentenced him to serve eight years in the custody of the
Mississippi Department of
Corrections (MDOC). Jackson served his sentence and was
released from custody. The circuit court subsequently
convicted Jackson for possession of cocaine with intent to
distribute in 1998 and sentenced him to serve thirty years in
the MDOCs custody as a habitual offender. The 1987 burglary
conviction was used as a basis for his habitual-offender
¶3]. Jackson filed a motion for post-conviction
relief (PCR) with the circuit court on August 24, 2018,
challenging his 1987 burglary conviction from thirty years
earlier. Asserting that his PCR motion was excepted from any
procedural bars, Jackson alleged the following errors: (1)
the denial of his right to counsel; (2) involuntary guilty
plea; (3) no factual basis for his guilty plea; (4)
ineffective assistance of counsel; and (5) insufficient
The circuit court dismissed the motion, finding Jackson
lacked standing to bring his motion because he was no longer
in custody under his 1987 burglary conviction and sentence.
Based on the Mississippi Supreme Courts recent decision in
Howell v. State, No. 2018-CA-00813-SCT, 283 So.3d
1100, 1104-05, 2019 WL 6208366, at *4 (¶18) (Miss. Nov. 21,
2019), we find that Jackson has standing to bring his PCR
motion. Accordingly, we reverse and remand to the circuit
court to consider the merits of Jacksons claims.
Id. at (¶19).
STANDARD OF REVIEW
¶5]. This Court reviews a circuit courts dismissal
of a PCR motion for abuse of discretion. Purvis v.
State,240 So.3d 468, 470 (¶7) (Miss. Ct.App. 2017). A
courts factual findings will not be disturbed "unless
they are clearly erroneous." Id. ...