DAVID SAMUEL-RAMOS FELICIANO A/K/A DAVID FELICIANO A/K/A DAVID SAMUEL FELICIANO APPELLANT
STATE OF MISSISSIPPI APPELLEE
COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT HON. LISA P.
ATTORNEYS FOR APPELLANT: OLIVER E. DIAZ JR. DAVID NEIL
ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BARBARA BYRD JASON L. DAVIS
GRIFFIS, P.J., ISHEE AND GREENLEE, JJ.
David Samuel-Ramos Feliciano was indicted as a habitual
offender and pleaded guilty to one count of felony fleeing
the scene of an accident. Because he was a habitual offender,
he could have been sentenced to the maximum penalty of twenty
years; however, the Circuit Court of the Second Judicial
District of Harrison County sentenced Feliciano to seventeen
and one-half years to serve in the custody of the Mississippi
Department of Corrections ("MDOC"). The circuit
court reduced the sentence based on a joint recommendation
made by the State and defense counsel. Feliciano filed a
motion to vacate, set aside, and correct his sentence under
the Uniform Post-Conviction Collateral Relief Act
("UPCCRA") and was denied relief. Feliciano then
filed a second motion under the UPCCRA, which the circuit
court denied because the motion was barred as a successive
writ. Feliciano now appeals, and we find that the circuit
court did not err in denying Feliciano's successive writ.
Thus, we affirm.
On September 26, 2012, at approximately 11:15 p.m., Feliciano
was driving his friend's truck when he pulled out in
front of traffic and collided with a motorcyclist, who died
shortly thereafter. Feliciano left the scene and hid at a
friend's house, before his friends convinced him to seek
medical treatment. His friend called the police, and
Feliciano turned himself in. He was later indicted for felony
leaving the scene of the accident, and was indicted as a
habitual offender due to several past felony convictions.
On November 8, 2013, Feliciano pleaded guilty, and the
circuit court adequately performed the required plea colloquy
before accepting Feliciano's plea. Feliciano told the
circuit court that he fled the scene because he was in shock,
but later admitted that he was out on bond for another charge
at the time of the collision. The circuit court specifically
asked Feliciano if he ever had "any blow to [his] head,
loss of consciousness, loss of memory, or any other serious
injury that in [his] opinion would cause [him] not to fully
understand what [he was] doing." Feliciano answered,
As part of Felicano's plea agreement, the State
recommended that he serve seventeen years and six months,
day-for-day, in the custody of the MDOC. The circuit court
accepted the recommendation.
On August 8, 2014, Feliciano filed a motion to vacate, set
aside, and correct his sentence, "pursuant to
Mississippi Code Sections 99-39-1, et seq., known as the
[UPCCRA]." The circuit court denied the motion, finding
it did not comply with the statutory requirements of the
UPCCRA, and alternatively, that it was without merit.
Feliciano did not appeal the ruling.
Approximately one year later, Feliciano filed his second
postconviction-relief ("PCR") motion claiming that
new medical evidence was discovered, that his plea was not
voluntarily made, and that he received ineffective assistance
of counsel. Again, the circuit court denied the motion and
held that it was procedurally barred under the UPCCRA as a
successive writ, and alternatively, that it, too, was without
merit. Feliciano appeals the denial of his second motion.
Mississippi Code Annotated section 99-39-23(6) (Rev. 2015)
applies to successive writs. Section 99-39-23(6) provides
that a prisoner who raises an issue that the circuit court
addresses in a final judgment with specific findings of facts
and conclusions of law cannot raise the issue again.
"Any motion filed after an entry of the final judgment
and asserting the same issue is procedurally barred as ...