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Jackson v. State

Court of Appeals of Mississippi

December 17, 2019

DAVID JACKSON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 08/31/2018

          MADISON COUNTY CIRCUIT COURT HON. WILLIAM E. CHAPMAN III TRIAL JUDGE

          ATTORNEY FOR APPELLANT: DAVID JACKSON (PRO SE)

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

         EN BANC

         MODIFIED OPINION ON MOTION FOR REHEARING

          BARNES, C.J.

         ¶1. The motion for rehearing is granted based on the Mississippi Supreme Court's decision in Howell v. State, No. 2018-CA-00813-SCT, 2019 WL 6208366 (Miss. Nov. 21, 2019). The original opinion is withdrawn, and this modified opinion is substituted in its place.

         ¶2. 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 MDOC's custody as a habitual offender. The 1987 burglary conviction was used as a basis for his habitual-offender status.[1]

         ¶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 indictment.

         ¶4. 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 Court's recent decision in Howell v. State, No. 2018-CA-00813-SCT, 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 Jackson's claims. Id. at (¶19).

         STANDARD OF REVIEW

         ¶5. This Court reviews a circuit court's dismissal of a PCR motion for abuse of discretion. Purvis v. State, 240 So.3d 468, 470 (ΒΆ7) (Miss. Ct. App. 2017). A court's factual findings will not be disturbed "unless they are clearly ...


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