Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Fortenberry v. State

Court of Appeals of Mississippi

November 4, 2014

ANTHONY MILES FORTENBERRY A/K/A, ANTHONY FORTENBERRY A/K/A ANTHONY, M. FORTENBERRY, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 05/08/2013.

COURT FROM WHICH APPEALED: RANKIN COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. WILLIAM E. CHAPMAN III. TRIAL COURT DISPOSITION: SUMMARILY DISMISSED MOTION FOR POST-CONVICTION RELIEF.

FOR APPELLANT: EARNESTINE ALEXANDER.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, bye: STEPHANIE BRELAND WOOD.

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

OPINION

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

Page 223

IRVING, P.J.

¶1. Anthony Miles Fortenberry pleaded guilty to one count of sexual battery in violation of Mississippi Code Annotated section 97-3-95(1)(c) (Rev. 2014). The Rankin County Circuit Court sentenced him to a term of twenty years in the custody of the Mississippi Department of Corrections (MDOC), with thirteen years suspended and with five years of supervised probation. Fortenberry filed a motion for post-conviction collateral relief (PCR), alleging (1) he was denied an evidentiary hearing; (2) there was no factual basis for the acceptance of the plea; and (3) he was denied effective assistance of counsel. The trial court dismissed Fortenberry's PCR motion. Feeling aggrieved, Fortenberry appeals.

¶2. Finding no error, we affirm.

FACTS

¶3. Fortenberry was indicted for sexual battery for inserting his finger into the vagina of a then fourteen-year-old girl on or about January 31, 2011. On November 30, 2011, Fortenberry pleaded guilty to the crime, and the trial court sentenced him to serve a term of twenty years, with thirteen years suspended and with five years of supervised probation. In addition, the trial court ordered Fortenberry to pay a $1,000 fine to the Victims' Compensation Fund, and to register as a sexual offender.

¶4. On July 26, 2012, Fortenberry filed a pro se PCR motion. After reviewing Fortenberry's guilty-plea and sentencing-hearing transcript, in addition to his criminal

Page 224

file, the trial court dismissed the PCR motion, finding that " it plainly appears from the face of the above-mentioned motion that [Fortenberry] is not entitled to any relief." As stated, Fortenberry now appeals and argues: (1) he was denied an evidentiary hearing, (2) there was no factual basis for the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.