HENRY J. LANERI, III, APPELLANT
STATE OF MISSISSIPPI, APPELLEE
COURT FROM WHICH APPEALED: HANCOCK COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 04/17/2013. TRIAL JUDGE: HON. JOHN C. GARGIULO. TRIAL COURT DISMISSED MOTION FOR POST-CONVICTION RELIEF.
FOR APPELLANT: HENRY J. LANERI III (Pro se).
FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: STEPHANIE BRELAND WOOD.
BEFORE GRIFFIS, P.J., ISHEE, CARLTON AND MAXWELL, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., ISHEE, MAXWELL, FAIR AND JAMES, JJ., CONCUR. BARNES AND ROBERTS, JJ., CONCUR IN RESULT ONLY.
NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF
¶1. On January 30, 2013, Henry J. Laneri III filed a motion to vacate, reduce, and/or set aside his sentence stemming from his guilty plea for possession of a controlled substance, claiming that his plea was unintelligently made because he thought he would be eligible for parole after serving one-quarter of his sentence. The Hancock County Circuit Court treated the motion as a motion for post-conviction relief (PCR) and dismissed the motion, finding the decision of the Mississippi Department of Corrections (MDOC) Administrative Remedy Program (ARP) was not capricious or arbitrary. See URCCC 5.03. Laneri now appeals. Finding no error, we affirm the trial court's judgment.
¶2. In March 1997, Laneri pled guilty to the charges of burglary of a dwelling and burglary, and he was sentenced to seven years on each charge, with the sentences
to run concurrently with each other, for a total of seven years in the custody of the MDOC. Laneri was released on earned release supervision on November 16, 2001, and he was discharged from the MDOC on May 11, 2003, due to the completion of his sentence.
¶3. On June 13, 2011, Laneri pled guilty to possession of a controlled substance. He was sentenced to serve ...