ELLIS v. STATE

Misc. No. 1751-A.

485 So.2d 1062 (1986)

Charlie ELLIS v. STATE of Mississippi.

Supreme Court of Mississippi.

March 12, 1986.


Attorney(s) appearing for the Case

Charlie Ellis, pro se.

Edwin Lloyd Pittman, Atty. Gen. by Billy L. Gore, Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, C.J., and HAWKINS and PRATHER, JJ.


ON MOTION TO VACATE AND SET ASIDE SENTENCE AS HABITUAL OFFENDER

HAWKINS, Justice, for the Court:

Charlie Ellis has filed a motion pro se to vacate his sentence as habitual offender under Miss. Code Ann. § 99-19-83 (1982). Because the state at trial failed to prove that he had actually served one year or more on his previous convictions, we sustain the motion and remand this case to the circuit court of Jefferson County.

FACTS

Ellis...

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