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Drankus v. State

Court of Appeals of Mississippi

April 11, 2017

MICHAEL DRANKUS A/K/A MICHAEL F. DRANKUS A/K/A MICHAEL FREDERICK DRANKUS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 02/09/2016

         HARRISON COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT, HON. ROGER T. CLARK.

          ATTORNEY FOR APPELLANT: MICHAEL DRANKUS (PRO SE).

          ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: DARRELL C. BAUGHN ANTHONY LOUIS SCHMIDT JR.

          BEFORE LEE, C.J., ISHEE AND GREENLEE, JJ.

          LEE, C.J.

         ¶1. 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.

         FACTS AND PROCEDURAL HISTORY

         ¶2. 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 He was released on parole in 2001, but his parole was revoked in 2006 for numerous violations.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) in 2012.

         ¶3. 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[1] 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.[2] The trial court further stated that it did not have jurisdiction over parole matters.

         ¶4. Drankus now appeals, asserting that the trial court had jurisdiction to address the merits of his PCR motion.

         STANDARD OF REVIEW

         ¶5. 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 of ...


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