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Rainey v. State

Court of Appeals of Mississippi

February 25, 2014

JOHN THOMAS RAINEY, JR. A/K/A JOHN T. RAINEY, JR. A/K/A JOHN T. RAINEY A/K/A JOHN RAINEY, JR. A/K/A JOHN RAINEY, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 01/24/2013. TRIAL JUDGE: HON. ROBERT P. CHAMBERLIN. TRIAL COURT DISMISSED MOTION FOR POST-CONVICTION RELIEF.

FOR APPELLANT: JOHN THOMAS RAINEY JR. (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: JEFFREY A. KLINGFUSS.

BEFORE LEE, C.J., BARNES AND ISHEE, JJ. IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

OPINION

Page 1086

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

LEE, C.J.

FACTS AND PROCEDURAL HISTORY

¶1. In November 1995, John Thomas Rainey Jr. pleaded guilty to aggravated assault on a law enforcement officer. The DeSoto County Circuit Court sentenced Rainey to twenty years, with sixteen years suspended and four years to serve in the custody of the Mississippi Department of Corrections (MDOC). Rainey was sentenced as a habitual offender, and his suspended sentence was conditioned upon his future good behavior. Rainey was released from custody in May 1999.

¶2. In May 2008, the State filed a petition to revoke Rainey's suspended sentence. Rainey had been convicted of a felony and indicted on five additional felony charges. After a hearing, the trial court revoked Rainey's suspended sentence and ordered him to serve the remaining sixteen years of his sentence.

¶3. In September 2012, Rainey filed a motion for post-conviction relief (PCR).[1] The trial court dismissed Rainey's motion. Rainey now appeals, asserting the following: (1) the sentencing court failed to inform him of the conditions of his probation; and (2) he was denied the right to confrontation when receiving his sentence as a habitual offender. Finding no error, we affirm.

STANDARD OF REVIEW

¶4. When reviewing a trial court's denial or dismissal of a PCR motion, we will only disturb the trial court's decision if it is clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard of review. Hughe ...


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