01/23/2023 – Hand Down List and Published Opinions
Ace Joe Mallard v. State of Mississippi – PCR/Scrivener’s Error – Mallard pled guilty to second-degreed murder without a recommendation as to sentence from the State. At the sentencing hearing, the court ordered that Mallard serve forty years to serve in the custody of the Mississippi Department of Corrections without the possibility of parole. Prior to leaving the courtroom, Mallard signed the order of conviction and sentence which reflected the same sentence. When the transcript from the hearing was prepared, it incorrectly stated the sentence to be twenty years instead of forty years. After Mallard timely filed a motion for postconviction relief, the Circuit Court held an evidentiary hearing. At the hearing, the State presented as evidence the audio recording made by the court reporter which clearly captured the Court’s proclamation of a sentence of forty years. The circuit court denied Mallard’s PCR motion and the COA affirmed.