MICHAEL DRANKUS A/K/A MICHAEL F. DRANKUS A/K/A MICHAEL FREDERICK DRANKUS APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 02/09/2016
COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT, HON. ROGER T.
ATTORNEY FOR APPELLANT: MICHAEL DRANKUS (PRO SE).
ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
DARRELL C. BAUGHN ANTHONY LOUIS SCHMIDT JR.
LEE, C.J., ISHEE AND GREENLEE, JJ.
Michael Drankus appeals the Harrison County Circuit
Court's denial of his motion for postconviction relief
(PCR). Finding the trial court correctly denied Drankus's
motion, we affirm.
AND PROCEDURAL HISTORY
In 1987, Drankus was convicted of capital murder, robbery,
and burglary of a dwelling. He was released on parole in
2001, but his parole was revoked in 2006 for numerous
violations. Drankus was again paroled in 2007, but he
violated numerous parole conditions and was returned to the
custody of the Mississippi Department of Corrections (MDOC)
The Mississippi Parole Board (MPB) denied Drankus parole on
April 29, 2015, and set his next parole hearing for April 30,
2018. Drankus filed a PCR motion claiming that he was
entitled to a parole hearing at least every year pursuant to
Mississippi Code Annotated section 47-7-18(6) (Rev. 2015);
thus, the three-year set off violated his constitutional and
statutory rights. The trial court denied Drankus's
motion, finding that it was a successive writ since Drankus
had filed a prior PCR motion in 1996. The trial court further
stated that it did not have jurisdiction over parole matters.
Drankus now appeals, asserting that the trial court had
jurisdiction to address the merits of his PCR motion.
When reviewing a trial court's denial or dismissal of a
PCR motion, we 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