Willie Lee Madden, Jr. v. State of Mississippi , 2016 Miss. App. LEXIS 55 ( 2016 )


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  •         IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
    NO. 2014-CP-01107-COA
    WILLIE LEE MADDEN, JR. A/K/A WILLIE L.                                     APPELLANT
    MADDEN, JR. A/K/A WILLIE LEE MADDEN
    v.
    STATE OF MISSISSIPPI                                                         APPELLEE
    DATE OF JUDGMENT:                         07/21/2014
    TRIAL JUDGE:                              HON. MICHAEL H. WARD
    COURT FROM WHICH APPEALED                 HARRISON COUNTY CIRCUIT COURT
    ATTORNEY FOR APPELLANT:                   WILLIE LEE MADDEN JR. (PRO SE)
    ATTORNEY FOR APPELLEE:                    OFFICE OF THE ATTORNEY GENERAL
    BY: LISA L. BLOUNT
    NATURE OF THE CASE:                       CIVIL - POST-CONVICTION
    COLLATERAL RELIEF
    TRIAL COURT DISPOSITION:                  DENIED MOTION FOR POST-
    CONVICTION COLLATERAL RELIEF
    DISPOSITION:                              AFFIRMED: 02/09/2016
    MOTION FOR REHEARING FILED:
    MANDATE ISSUED:
    EN BANC.
    GRIFFIS, P.J., FOR THE COURT:
    ¶1.    Willie Lee Madden Jr. appeals the denial of his fifth motion for post-conviction
    collateral relief (PCCR). Madden requested a reduction of his sentence based on recent
    amendments to the sentencing requirements in Mississippi Code Annotated section 41-29-
    139. The circuit court denied the motion. We find no error and affirm.
    ¶2.    In 2004, Madden pleaded guilty to the charge of transfer of a controlled substance.
    The Court sentenced Madden as a habitual offender to fifteen years to serve day-for-day. See
    Miss. Code Ann. § 99-19-81 (Rev. 2015). Madden has subsequently filed multiple PCCR
    motions before this Court.1 Each has been denied or dismissed.
    ¶3.    When “reviewing a trial court’s dismissal of [a PCCR motion], . . . [w]e will not
    disturb the trial court’s factual findings unless they are found to be clearly erroneous.” Mann
    v. State, 
    2 So. 3d 743
    , 745 (¶5) (Miss. Ct. App. 2009). “[W]here questions of law are raised,
    the applicable standard of review is de novo.” 
    Id. ¶4. The
    Court notes that Madden’s PCCR motion was untimely filed and constitutes a
    successive writ. See Miss. Code Ann. § 99-39-23(6) (Rev. 2015). Despite these procedural
    bars, the Court will address Madden’s claim.
    ¶5.    In the motion now before us, Madden seeks a reduction in his sentence based on
    House Bill 585, a 2014 Legislative amendment to the sentencing requirements found in
    section 41-29-139. The penalty for the transfer of a controlled substance was amended to
    “not more than eight years.” Miss. Code Ann. § 41-29-139(b)(1) (Supp. 2015). Madden is
    currently serving fifteen years under the former version of the statute. See Miss. Code Ann.
    § 41-29-139(b)(1) (Supp. 2004).
    ¶6.    The Mississippi Supreme Court has held that when sentencing occurs before a
    statutory amendment, the statute that existed at the time of the sentencing applies. Lampley
    v. State, 
    308 So. 2d 87
    , 90 (Miss. 1975). If the Legislature chooses to apply an amendment
    to the sentencing requirements retroactively, it may provide such an instruction in the
    1
    See Madden v. State,176 So. 3d 35 (Miss. Ct. App. 2014); Madden v. State, 
    75 So. 3d
    1130 (Miss. Ct. App. 2011); Madden v. State, 
    52 So. 3d 411
    (Miss Ct. App. 2010);
    Madden v. State, 
    991 So. 2d 1231
    (Miss. Ct. App. 2008).
    2
    language of the amendment. 
    Id. The 2014
    amendments provide no such instruction. Thus,
    Madden is not entitled to a reduction in his sentence. We find no error and affirm.
    ¶7.  THE JUDGMENT OF THE CIRCUIT COURT OF HARRISON COUNTY
    DENYING THE MOTION FOR POST-CONVICTION COLLATERAL RELIEF IS
    AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO HARRISON
    COUNTY.
    LEE, C.J., IRVING, P.J., BARNES, ISHEE, CARLTON, FAIR, JAMES AND
    WILSON, JJ., CONCUR. GREENLEE, J., NOT PARTICIPATING.
    3
    

Document Info

Docket Number: 2014-CP-01107-COA

Citation Numbers: 186 So. 3d 941, 2016 Miss. App. LEXIS 55

Judges: Griffis, Lee, Irving, Barnes, Ishee, Carlton, Fair, James, Wilson, Greenlee

Filed Date: 2/9/2016

Precedential Status: Precedential

Modified Date: 10/19/2024