Ellis v. State

The appellant was convicted in Jefferson County for grand larceny as an habitual offender under Miss. Code Ann. § 99-19-83 (Supp. 1982).1 The conviction and sentence was affirmed in Ellis v. State, 469 So.2d 1256 (Miss. 1985). Later a motion to vacate sentence which was treated as a petition for post-conviction collateral relief was filed, alleging that the necessary elements under § 99-19-83 were not proven inasmuch as the proof did not show that he served separate terms of one year or more. This Court agreed with the contention and remanded the case for "appropriate sentencing." 485 So.2d…