OF JUDGMENT: 08/31/2018
MADISON COUNTY CIRCUIT COURT HON. WILLIAM E. CHAPMAN III
ATTORNEY FOR APPELLANT: DAVID JACKSON (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
OPINION ON MOTION FOR REHEARING
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original opinion is withdrawn, and this modified opinion is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.
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.
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.
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).
This Court reviews a circuit court's dismissal of a PCR
motion for abuse of discretion. Purvis v. State, 240
So.3d 468, 470 (¶7) (Miss. Ct. App. 2017). A court's
factual findings will not be disturbed "unless they are