COURT FROM WHICH APPEALED: RANKIN COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 04/03/2013. TRIAL JUDGE: HON. WILLIAM E. CHAPMAN III. TRIAL COURT DISPOSITION: MOTION FOR POST-CONVICTION RELIEF DISMISSED.
DANIEL JEANTY, APPELLANT, Pro se.
FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: STEPHANIE BRELAND WOOD.
BEFORE GRIFFIS, P.J., MAXWELL AND FAIR, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, FAIR AND JAMES, JJ., CONCUR.
NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF
¶1. Daniel Jeanty, a native and citizen of Haiti, appeals the dismissal of his second motion for post-conviction relief (PCR). He argues his counsel was ineffective for not informing him he faced deportation if he pled guilty. After review, we find Jeanty's PCR motion is both untimely and successive to an earlier PCR motion. So it fails on procedural grounds. We also find the motion has no substantive merit because the current law that attorneys must advise clients of the potential risk of deportation resulting from a guilty plea did not exist when Jeanty entered his guilty pleas. We thus affirm the denial of his PCR motion.
Facts and Procedural History
¶2. In 1997, Jeanty came to the United States from Haiti. Two years later, he became a " lawful permanent resident." On May 23, 2005, Jeanty was convicted of business burglary and sentenced to serve seven years, with six years suspended, and five years of supervised probation. His probation was partially revoked in July 2007 after he was charged with motor-vehicle theft and felony evasion. Jeanty was then ordered to serve five years with the Mississippi Department of Corrections (MDOC), with no return to probation.
¶3. On July 18, 2007, Jeanty pled guilty to motor-vehicle theft and felony evasion. He was sentenced to serve concurrent sentences of six years and five years. Jeanty's sentences were fashioned so he would serve one year, then be released on supervised post-release supervision. And these sentences were ordered to run consecutively to his earlier burglary sentence.
¶4. On November 13, 2012, Jeanty filed his first PCR motion. He argued his lawyer was ineffective for not advising him he could be deported if he pled guilty. The
circuit court dismissed the PCR motion ...