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IN THE SUPREME COURT OF MISSISSIPPI NO. 97-CA-00542-SCT MARTY JOE EASTER v. STATE OF MISSISSIPPI THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEY FOR APPELLANT: ATTORNEY FOR APPELLEE: DISTRICT ATTORNEY: NATURE OF THE CASE: DISPOSITION: MOTION FOR REHEARING FILED: MANDATE ISSUED: 04/11/97 HON. C. E. MORGAN, III CARROLL COUNTY CIRCUIT COURT PRO SE OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS DOUG EVANS CIVIL - POST CONVICTION RELIEF AFFIRMED - 02/05/98 3/18/98

BEFORE SULLIVAN, P.J., BANKS AND MILLS, JJ. BANKS, JUSTICE, FOR THE COURT:

This matter is before the Court on appeal from an order denying post-conviction relief. Easter contends that the circuit court, by allowing him to serve part of his sentence concurrently with a sentence he was already serving in another jurisdiction, violated the habitual offender provision prohibiting reduction or suspension of a defendant's sentence. We conclude that the concurrent portion of a defendant's sentence is not a "reduction or suspension" of his sentence. We therefore affirm. I. Marty Joe Easter, along with two co-defendants, was indicted in the Circuit Court of Carroll County for the felony of livestock larceny under Miss. Code Ann.

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