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Samuel v. State

Court of Appeals of Mississippi

February 28, 2017

DAVID SAMUEL-RAMOS FELICIANO A/K/A DAVID FELICIANO A/K/A DAVID SAMUEL FELICIANO APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE 10/08/2015

         HARRISON COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT HON. LISA P. DODSON

          ATTORNEYS FOR APPELLANT: OLIVER E. DIAZ JR. DAVID NEIL MCCARTY

          ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BARBARA BYRD JASON L. DAVIS

          BEFORE GRIFFIS, P.J., ISHEE AND GREENLEE, JJ.

         ¶1. 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.

         FACTS

         ¶2. 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.

         ¶3. 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, "No, ma'am."

         ¶4. 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.

         ¶5. 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.

         ¶6. 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.

         DISCUSSION

         ¶7. 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 ...


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