Paul F. Jones v. State of Mississippi

198 So. 3d 341, 2015 Miss. App. LEXIS 567, 2015 WL 6875431
CourtCourt of Appeals of Mississippi
DecidedNovember 10, 2015
Docket2014-CP-00552-COA
StatusPublished

This text of 198 So. 3d 341 (Paul F. Jones v. State of Mississippi) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paul F. Jones v. State of Mississippi, 198 So. 3d 341, 2015 Miss. App. LEXIS 567, 2015 WL 6875431 (Mich. Ct. App. 2015).

Opinion

ISHEE, J.,

for the Court:

¶ 1. On February 25, 2013, Paul Frederick Jones pleaded guilty in the Harrison County Circuit Court to one count of possession of a controlled substance under the enhancement statute and the habitual-offender statute. He was sentenced to serve twelve years in the custody of the Mississippi Department of Corrections (MDOC). On April 3, 2013, Jones filed a pro se motion for postconviction relief (PCR), which was denied by the circuit court. Aggrieved, Jones files this appeal. Finding no error, we affirm.

FACTS

¶ 2. On January 19, 2012, a confidential informant (Cl) worked with Gulfport Police Department Narcotics Detective Ryan Stachura and purchased cocaine from Jones in a controlled buy. Prior to visiting Jones’s residence, both the Cl’s person and vehicle were searched for contraband. Then the Cl was equipped with an audio-transmitting device (also known as a wire) and an audio-recording device. In addition, he was given thirty dollars in official City of Gulfport funds to use.

¶ 3. The Cl' pulled into Jones’s front yard and was told that Jones was inside. The Cl went inside and began speaking with a male. Detective Stachura recognized the male’s voice as that of Jones, and the Cl called Jones by name.- The Cl talked to Jones about purchasing .the cocaine, and Jones stated that he also had spice (a synthetic cannabinoid) for sale. The Cl purchased 0.4 grams of cocaine. As the transaction was taking place, detectives from the police department conducted visual surveillance on the Cl and on Jones’s residence, and they monitored the transaction via the audio-monitoring device.

¶ 4. After the Cl purchased the cocaine, the Cl met back up with the police detectives at a predetermined location. The Cl gave the cocaine to the detectives. Detective Stachura returned to the police station and field tested the substance the Cl had purchased from Jones. It tested positive for' cocaine. Detective Stachura then drafted a search warrant based on probable cause due to the controlled buy. His search warrant was authorized by Harrison County Justice Court Judge Brandon Ladner. Upon executing the search warrant at Jones’s residence, the police department recovered a large quantity of drugs. Specifically as to Jones, they recovered the following: 0.3 grams of cocaine, 167 grams of spice, forty-one dosage units of ten-milligram hydrocodone, five dosage units of five-milligram, hydroco-done, a glass crack pipe, some Brillo pads, miscellaneous paraphernalia, sandwich bags, a marijuana pipe and grinder, and house-arrest paperwork.

¶ 5. On October 15, 2012, Jones was charged in a multi-count indictment. *344 However, on February 26, 2013, Jones entered a plea of guilty to one count of possession of cocaine as a habitual offender. The circuit court sentenced Jones to serve twelve years, day for day, in the custody of the MDOC. On April 3, 2013, Jones filed a PCR motion pro se, which was denied by the circuit court. Aggrieved, Jones appeals.

STANDARD OF REVIEW

¶ 6. This Court will not reverse a circuit court’s denial of PCR absent a finding that the circuit court’s decision was clearly erroneous. Byrom v. State, 978 So.2d 689, 690 (¶ 5) (Miss.Ct.App.2008). However, the proper standard for issues of law is de novo. Id.

DISCUSSION

I. Whether Jones was properly sentenced as a habitual offender.

¶ 7. Jones argues that the State failed to follow proper procedures in determining his habitual-offender status, which resulted in his being denied due process of law. He claims that the State failed to enter a certified copy of an MDOC penitentiary packet (pen-pack) to show that Jones was eligible for sentence enhancements.

¶ 8. “In cases involving enhanced punishment for subsequent offenses under state statutes, ... [i]f the defendant is convicted or enters a plea of guilty on the principal charge, a hearing before the court without a jury will then be conducted on the previous convictions.” URCCC 11.03(3). In order for a defendant to be sentenced as a habitual offender, “[a]ll that is required is that the accused be properly indicted as [a] habitual offender, that the prosecution prove the prior offenses by competent evidence, and that the defendant be given a reasonable opportunity to challenge the prosecution’s proof.” Middleton v. State, 49 So.3d 161, 163 (¶ 5) (Miss.Ct.App.2010) (citation omitted). This Court has held that a certified copy of the judgment of conviction, a certified copy of a pen-pack showing a defendant’s prior sentences, and a defendant’s in-court admission of a prior felony conviction are all sufficient to support a finding of habitual-offender status. Short v. State, 929 So.2d 420, 426 (¶ 16) (Miss.Ct.App.2006), Furthermore, when the defendant chooses to enter a plea of guilty, “he or she waives the right that the prosecution must prove the prior offense(s) beyond a reasonable doubt.” Joiner v. State, 32 So.3d 542, 544 (¶ 12) (Miss.Ct.App.2010).

¶ 9. On February 25, 2013, a hearing was held in the circuit court in which the State moved to amend the indictment to reflect Jones’s habitual-offender status. During the hearing, the State proved Jones’s prior convictions by entering a certified copy of a pen-pack into evidence, which included certified copies of Jones’s previous indictments, sentencing orders, MDOC sentence computations, commitments, social-admission released documents, photographs, and fingerprint cards. Jones was given the opportunity to challenge the prior convictions, and his only objection was to the timeliness of the State’s motion, which was correctly overruled. In addition to the pen-pack, during Jones’s guilty plea, the circuit court asked Jones if he had been convicted of a prior felony, and he confirmed that he had been convicted of a prior drug charge and a prior burglary. Based on the foregoing, we disagree with Jones that he was denied due process of law. This issue is without merit.

II. Whether Jones was subjected to multiple punishments for the same offense.

¶ 10. Next, Jones argues that he was illegally sentenced under two separate sen *345 tence enhancements, resulting in cumulative punishment. Jones claims that his sentence was improperly enhanced under Mississippi Code Annotated section 41-29-147 (Rev.2013) as a second or subsequent drug offender and also under Mississippi Code Annotated section 99-19-81 (Supp. 2014) as a habitual offender. He also asserts that he was subject to double jeopardy.

¶ 11. “Prior convictions which are constitutionally valid in and of themselves may appropriately be used to enhance punishment for subsequent convictions.” Stewart v. State, 67 So.3d 829, 833 (¶ 17) (Miss.Ct.App.2011). During his plea hearing, Jones admitted that he had been convicted of two felonies, including a prior drug conviction. .Hence, the circuit court’s use of Jones’s prior convictions for enhancement purposes was proper. Double jeopardy only “applies to successive prosecutions for the same criminal offense.” Id. at (¶ 16) (citing White v. State, 702 So.2d 107, 109 (¶ 10) (Miss.1997)).

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Related

Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
Byrom v. State
978 So. 2d 689 (Court of Appeals of Mississippi, 2008)
White v. State
702 So. 2d 107 (Mississippi Supreme Court, 1997)
Wiley v. State
517 So. 2d 1373 (Mississippi Supreme Court, 1987)
Joiner v. State
32 So. 3d 542 (Court of Appeals of Mississippi, 2010)
Short v. State
929 So. 2d 420 (Court of Appeals of Mississippi, 2006)
Hall v. State
735 So. 2d 1124 (Court of Appeals of Mississippi, 1999)
Conner v. State
684 So. 2d 608 (Mississippi Supreme Court, 1996)
Stewart v. State
67 So. 3d 829 (Court of Appeals of Mississippi, 2011)
Middleton v. State
49 So. 3d 161 (Court of Appeals of Mississippi, 2010)
McBride v. State
108 So. 3d 977 (Court of Appeals of Mississippi, 2012)
Argol v. State
155 So. 3d 848 (Court of Appeals of Mississippi, 2013)
Bailey v. State
19 So. 3d 828 (Court of Appeals of Mississippi, 2009)

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Bluebook (online)
198 So. 3d 341, 2015 Miss. App. LEXIS 567, 2015 WL 6875431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-f-jones-v-state-of-mississippi-missctapp-2015.