Mark Dwayne Sumrell v. State of Mississippi

CARLTON, J.,

for the Court:

¶ 1. Mark Sumrell appeals the Washington County Circuit Court’s denial of his motion for post-conviction relief (PCR). On appeal, Sumrell asserts the following issues: (1) whether the circuit court erred by finding that he served more than a year in prison on his prior robbery conviction; and (2) whether his sentencing as a habitual offender is illegal and constitutes cruel and unusual punishment. 1 Finding no error, we affirm.

FACTS

¶ 2. On February 4, 2004, a grand jury indicted Sumrell for felony shoplifting in Cause No. 2004-043. The indictment charged Sumrell as a…