Smith v. State

LEE, C.J.,

for the Court:

PROCEDURAL HISTORY AND FACTS

¶ 1. On March 3, 2008, I.V. Smith Jr. pleaded guilty in the Harrison County Circuit Court to possession of a controlled substance. Smith was sentenced as a habitual offender to serve a ten-year sentence in the custody of the Mississippi Department of Corrections. Smith’s two prior felony convictions were for the sale of a controlled substance and possession of a controlled substance.

¶ 2. Smith filed a motion for post-conviction relief (PCR) on October 5, 2010, alleging that he should not have been sentenced as a habitual offender. The trial…