Garrett v. State

RUSSELL, J.,

for the Court:

¶ 1. Harvey Garrett pled guilty to the sale of a controlled substance. On November 17, 2008, the circuit court sentenced him to seventeen years, with twelve years to serve in the custody of the Mississippi Department of Corrections (MDOC), followed by five years of post-release supervision. He was also ordered to pay a $5,000 fine with $2,500 suspended. Garrett filed a motion for post-conviction relief (PCR), which was denied.

¶ 2. He now appeals contending that (1) he was denied due process because he was convicted under a defective indictment; (2) the circuit court…