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Laneri v. State

Court of Appeals of Mississippi

June 9, 2015

HENRY J. LANERI III A/K/A HENRY JOSEPH LANERI III, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: PEARL RIVER COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 02/24/2014. TRIAL JUDGE: HON. ANTHONY ALAN MOZINGO. TRIAL COURT DISPOSITION: DENIED MOTION FOR POST-CONVICTION RELIEF.

HENRY J. LANERI III, APPELLANT, Pro se.

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

BEFORE LEE, C.J., BARNES AND MAXWELL, JJ. IRVING AND GRIFFIS, P.JJ., ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. BARNES, J., CONCURS IN PART AND IN THE RESULT. JAMES, J., CONCURS IN PART.

OPINION

Page 275

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

LEE, C.J.

FACTS AND PROCEDURAL HISTORY

[¶1] On January 13, 2012, Henry J. Laneri III pleaded guilty in the Pearl River County Circuit Court to possession of contraband inside a correctional facility. Laneri was sentenced to eight years, with two years to serve in the custody of the Mississippi Department of Corrections (MDOC) and six years of post-release supervision, with five years supervised. This sentence was to run concurrently with the sentence Laneri was already serving. On September 11, 2013, Laneri filed a petition to clarify his sentence. Treating the petition as a motion for post-conviction relief (PCR), the trial court denied Laneri's motion, finding that its written order of conviction, which included post-release supervision, prevailed over its oral pronouncement that did not. Laneri now appeals, asserting the trial court erred in denying his motion.

STANDARD OF REVIEW

[¶2] When reviewing a trial court's denial or dismissal of a PCR motion, we

Page 276

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. Hughes v. State, 106 ...


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