Fleming v. State

RUSSELL, J.,

for the Court:

¶ 1. Terry Fleming appeals the Hinds County Circuit Court’s judgment denying his motion for post-conviction relief. He argues the circuit court erred in failing to resentence him as a non-habitual offender due to the expungement of one of his felony convictions after he was sentenced. Upon review, we find no error and affirm the circuit court’s denial of post-conviction relief.

FACTS AND PROCEDURAL HISTORY

¶ 2. In 1993, Fleming was convicted of sale of cocaine, a felony. In 1994, Fleming was convicted of possession of cocaine, also a felony. In 2000, Fleming was…