James Donald Burkhalter v. State of Mississippi

CARLTON, J.,

for the Court:

¶ 1. James Bürkhalter appeals the Stone County Circuit Court’s denial of his motion for postconviction relief (PCR). Burkhal-ter argues he was illegally sentenced as a habitual offender. Finding no error, we affirm.

FACTS

¶ 2. On December 20, 2011, a grand jury indicted Burkhalter pursuant to a multi-count indictment. Counts I and II of the indictment charged Burkhalter with aggravated assault on a peace officer in violation of Mississippi Code Annotated section 97-3-7(2)(a) (Supp.2010). Count III of the indictment charged Burkhalter with unlawful possession of a…