Mark Atkinson v. State of Mississippi
215 So. 3d 1002
| Miss. Ct. App. | 2017Background
- Mark Atkinson was indicted in Lowndes County for possession of methamphetamine (Count I), hydrocodone (Count II), and methamphetamine precursors (Count III).
- On May 15, 2013, the State moved to amend the indictment to designate Atkinson a habitual offender and introduced certified records of two prior felony convictions (one in Mississippi, one in Alabama).
- Atkinson entered a guilty plea to Count I pursuant to a plea agreement; the remaining counts were retired. The court conducted a plea colloquy during which Atkinson admitted his prior convictions under oath.
- The court sentenced Atkinson as a habitual offender to eight years in the custody of the MDOC, with no probation or parole, and a $50,000 fine.
- Atkinson filed a petition for postconviction relief (PCR) arguing (1) improper habitual-offender sentencing, (2) insufficient notice of the habitual-offender amendment, and (3) ineffective assistance of counsel; the circuit court dismissed the PCR and this appeal followed.
Issues
| Issue | Atkinson's Argument | State's Argument | Held |
|---|---|---|---|
| Improper habitual-offender sentencing | One prior conviction listed a different name (“Marty Atkins”); thus priors do not apply | State introduced certified prior-conviction records and Atkinson admitted priors at plea colloquy | Court affirmed: admissions and documentary proof supported habitual status |
| Insufficient notice of habitual-offender amendment | Amendment on day of plea denied fair notice and opportunity to defend | State filed motion and Atkinson’s signed plea petition and colloquy show he knew and was not surprised | Court affirmed: notice was adequate under Rule 7.09 and Williams standard |
| Ineffective assistance of counsel | Counsel allowed habitual-offender sentencing; deficient performance prejudiced plea | Counsel raised no objection because defendant admitted priors; no affidavits or specific allegations showing prejudice | Court affirmed: Atkinson failed to plead specific supporting facts or affidavits and did not show but-for prejudice under Strickland |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance standard requiring deficient performance and prejudice)
- Williams v. State, 131 So.3d 1174 (Miss. 2014) (adequate notice for habitual-offender amendment assessed case-by-case; prohibition on unfair surprise)
- Keyes v. State, 549 So.2d 949 (requirement for indictment as habitual offender; prosecution must prove priors unless waived)
- Madden v. State, 991 So.2d 1231 (proof of prior offenses and reasonable opportunity to challenge supports habitual sentencing)
- Sanders v. State, 786 So.2d 1078 (admissions to prior convictions suffice to establish habitual status)
- Pierce v. State, 115 So.3d 869 (solemn in-court declarations carry strong presumption of verity)