Thus, Manuel's prior convictions clearly arose "out of separate incidents at different times," as required by the statute. See, e.g. , Cook v. State , 161 So. 3d 1057, 1069-70 (¶¶34-38) (Miss. 2015). Accordingly, the State argues that the trial judge did not commit "plain error" in sentencing Manuel.
We review a trial court’s evidentiary rulings using an abuse-of-discretion standard. Cook v. State, 161 So. 3d 1057, 1065 (¶21) (Miss. 2015). "This Court will not reverse a trial judge’s decision on the admissibility of testimony offered at trial unless prejudice amounting to reversible error resulted from such a decision." Id.
¶15. We review a trial court's evidentiary rulings using an abuse-of-discretion standard. Cook v. State, 161 So.3d 1057, 1065 (¶21) (Miss. 2015). "This Court will not reverse a trial judge's decision on the admissibility of testimony offered at trial unless prejudice amounting to reversible error resulted from such a decision."
Cook appealed the conviction, which was affirmed on April 23, 2015, by the Mississippi Supreme Court. Cook v. State , 161 So. 3d 1057 (Miss. 2015).¶3.
In 2015, the Mississippi Supreme Court affirmed Cook's conviction. See Cook v. State, 161 So.3d 1057 (Miss. 2015). Later in 2015, Cook filed a pro se “Petition for Writ of Certiorari” in the Mississippi Supreme Court, which the Court denied in November of that year.
Cook was sentenced to a term of life imprisonment as to each count of sexual battery, and to a term of 20 years as to the count of directing a felony, with each sentence ordered to run concurrently. During the appeal taken by Cook to the Mississippi Supreme Court, no rebuttal brief was filed on his behalf. Cook's convictions and sentences were affirmed. See Cook v. State, 161 So.3d 1057, 1059 (Miss. 2015). Cook was also sentenced as a habitual offender under Mississippi Code Section 99-19-81 based on his having two prior convictions for grand larceny.
¶13. This Court has held that "[t]he standard of review for evidentiary rulings is abuse of discretion." Cook v. State, 161 So.3d 1057, 1065 (Miss. 2015) (citing Bishop v. State, 982 So.2d 371, 375 (Miss. 2008)). "[T]his Court will not reverse a trial judge's decision on the admissibility of testimony offered at trial unless prejudice amounting to reversible error resulted from such a decision."
Thus, Manuel's prior convictions clearly arose "out of separate incidents at different times," as required by the statute. Manuel, ___ So.3d at ___, 2022 WL 842214, at *6 (quoting Cook v. State, 161 So.3d 1057, 1069-70 (Miss. 2015)). But the Court of Appeals' decision to grant the State's Rule 10(e) motion was an error and cannot be supported by the language of the rule.
Cook's conviction and sentence were affirmed by this Court on direct appeal, and the mandate issued on May 14, 2015. Cook v. State, 161 So.3d 1057 (Miss. 2015). The instant application for leave, Cook's fourth, is barred by time and as a successive application.
Serial: 223756EN BANC ORDERNow before the Court, en banc, comes the Application for Leave to Proceed in the Trial Court filed pro se by Joseph Cook. Cook's conviction and sentence were affirmed by this Court on direct appeal, and the mandate issued on May 14, 2015. Cook v. State, 161 So. 3d 1057 (Miss. 2015). The instant application for leave, Cook's third, is barred by time and as a successive application.