OF JUDGMENT: 06/26/2018
COUNTY CIRCUIT COURT HON. PRENTISS GREENE HARRELL TRIAL
ATTORNEY FOR APPELLANT: JONATHAN EDWARDS (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
LAURA HOGAN TEDDER
CARLTON, P.J., WESTBROOKS AND C. WILSON, JJ.
The Marion County Circuit Court convicted Jonathan Edwards of
burglary pursuant to a guilty plea. Appearing pro se, he
appeals the circuit court's denial of his motions for
post-conviction collateral relief. After review of the
record, we affirm.
AND PROCEDURAL HISTORY
On December 17, 2015, Jonathan Edwards was indicted by a
Marion County grand jury for six counts of burglary of a
dwelling and one count of attempted burglary. On January 6,
2017, the State filed a "Motion to Amend
Indictment" encompassing each of the seven charges.
Citing seven separate, prior convictions, the State's
motion sought to also charge Edwards as a habitual offender
pursuant to Mississippi Code Annotated section 99-19-81 (Rev.
At a hearing in the Marion County Circuit Court on January
18, 2017, the State's motion was granted. During the same
hearing, Edwards pled guilty to two of the seven charges in
open court; the remaining five counts were
dismissed. The court's order, entered January 27,
2017, sentenced Edwards as a habitual offender, for two
counts of burglary of a dwelling, pursuant to Mississippi
Code Annotated section 97-17-23 (Rev. 2014). Edwards was
ordered to serve two concurrent terms ("hard time")
of twenty-five years in the custody of the Mississippi
Department of Corrections, one term for each
charge. At the time of his arrest Edwards was on
parole from a fifteen-year sentence resulting from a prior
unrelated felony conviction. As a result of the burglary
arrest and convictions, Edwards's parole was revoked, and
he was ordered to serve the initial sentence in prison,
consecutive to the January 27, 2017 burglary sentence.
On September 8, 2017, Edwards filed two motions for
post-conviction collateral relief (PCR) with the circuit
court. Following a seven-month interlude, Edwards also filed
a "Motion to Expedite Procedures" on April 16,
2018, along with a brief in support of the PCR motions.
Approximately one month later, on May 29, 2018, Edwards filed
a "Petition for an Order to Show Cause" with the
Mississippi Supreme Court, alleging the circuit court's
refusal to respond to Edwards's previous motions. The
circuit court issued its June 26, 2018 opinion denying the
PCR motions, and the petition for show cause was subsequently
dismissed as moot on July 18, 2018. Aggrieved, Edwards now
We will not disturb a trial court's denial of a PCR
motion "absent a finding that the trial court's
decision was clearly erroneous." Jackson v.
State, 67 So.3d 725 (¶16) (Miss. 2011); Hughes
v. State, 106 So.3d 836, 838 (¶4) (Miss. Ct. App.
2012). However, issues of law will be reviewed de novo.
Brown v. State, 731 So.2d 595, 598 (¶6) (Miss.
Edwards raises numerous issues before this Court. In the
following discussion, we have reorganized and merged some
points for clarity and concision.
Guilty Plea: Intelligent, Knowing, and
Edwards asserts that neither the State nor the circuit court
provided notice of the amended indictment prior to the entry
of his guilty plea. Edwards also claims that he was not
informed that his new sentences would run consecutive to a
prior fifteen-year sentence. Purportedly absent this
knowledge, Edwards argues that his guilty plea was not
intelligent, knowing, and voluntary. We disagree.
Edwards presents no case law to support his assertion that
the court and/or his attorney had a duty to inform him of how
the sentence imposed by the court would affect his revoked
parole. But, it is clear from the record that the court
thoroughly explained the possible sentences associated with
Edwards's plea during the following exchange:
The court: I will expect you to know what you could get
though, so I will ask you. The only restriction I have is I
can't give you more than the max, so I expect you to know
what I'm going to give you. And I'm going to ask you,
Jonathan, do you know what I can give you for burglary of a
Edwards: Yes, sir.
The court: How much?
Edwards: 3 to 25 years.
The court: That's right. And how many do ...