David Ray Adele v. State of Mississippi
218 So. 3d 261
| Miss. Ct. App. | 2017Background
- David Ray Adele was indicted for aggravated domestic violence; after trial a George County jury convicted him.
- The State moved to amend the indictment to charge Adele as a habitual offender under Miss. Code Ann. § 99-19-83 based on two Illinois convictions: April 20, 1992 unlawful restraint (12-month conditional discharge) and October 28, 1992 first-degree murder (30-year sentence).
- The defense did not object at the motion-to-amend hearing; defense counsel investigated the prior records, acknowledged the 12-month sentence fit the statutory definition, and raised no formal objection.
- The trial court received certified pen-pack records and committed the amendment, concluding Adele had served the 12 months while incarcerated on the murder sentence.
- Adele was sentenced as a habitual offender to life without parole; he appealed only after sentencing, arguing the State failed to prove he served separate terms of one year or more on two convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of proof for habitual-offender status | State: certified records show two prior qualifying convictions and sentences; trial court may find facts at sentencing | Adele: record lacks proof he served the 12-month unlawful-restraint term; documents don’t show service or revocation clearly | Court: Sufficient evidence in certified records for trial court to infer he served the 12 months; affirmed |
| Procedural default / plain-error review | State: defendant waived challenge by failing to object at sentencing | Adele: admits failure to object but urges plain-error review because fundamental right to non-illegal sentence implicated | Court: Issue reviewed for plain error; no clear, obvious legal error prejudicing outcome; affirmed |
Key Cases Cited
- Curry v. State, 131 So. 3d 1232 (Miss. Ct. App. 2013) (standard of review for amendment to add habitual-offender status)
- Frazier v. State, 907 So. 2d 985 (Miss. Ct. App. 2005) (appellate review limited absent manifest error or contrary overwhelming evidence)
- Conner v. State, 138 So. 3d 143 (Miss. 2014) (habitual-offender proof may be reviewed for plain error when not raised at trial)
- Gilbert v. State, 48 So. 3d 516 (Miss. 2010) (State must prove habitual-offender status beyond a reasonable doubt)