Ellis v. State

ON MOTION TO VACATE AND SET ASIDE SENTENCE AS HABITUAL OFFENDER

Charlie Ellis has filed a motion pro se to vacate his sentence as habitual offender under Miss. Code Ann. § 99-19-83 (1982). Because the state at trial failed to prove that he had actually served one year or more on his previous convictions, we sustain the motion and remand this case to the circuit court of Jefferson County.

FACTS

Ellis was indicted by the grand jury of Jefferson County on April 21, 1982, for the crime of burglarizing a church building, and also charged in the same indictment with recidivism under Miss. Code Ann. §…