AARON L. PATANE A/K/A AARON LEE PATANE A/K/A AARON PATANE APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 01/08/2016
COUNTY CIRCUIT COURT, HON. ANDREW K. HOWORTH.
ATTORNEY FOR APPELLANT: AARON L. PATANE (PRO SE).
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
ABBIE EASON KOONCE.
IRVING, P.J., FAIR AND WILSON, JJ.
Aaron Patane appeals the judgment of the Circuit Court of
Calhoun County, denying his motion for post-conviction relief
(PCR). He raises three issues: (1) his guilty plea was
involuntary; (2) he received ineffective assistance of
counsel; and (3) his life sentence was unconstitutional.
Finding no error, we affirm.
In December 2014, by criminal information, Patane was charged
with sexual battery in violation of Mississippi Code
Annotated section 97-3-95(1)(d) (Rev. 2014). On December 18,
2014, Patane waived indictment and pleaded guilty to sexual
battery. He was sentenced to life in prison and ordered to
pay a $1, 000 fine. On November 20, 2015, Patane filed his
PCR motion; however, the circuit court denied the motion,
finding that "it plainly appears from the face of the
motion, exhibits and prior proceedings that the Petitioner is
not entitled to any relief." Patane now appeals the
circuit court's denial of his motion.
"When reviewing a trial court's decision to dismiss
a . . . [PCR motion], an appellate court will not disturb the
trial court's factual findings unless they are found to
be clearly erroneous." Buckley v. State, 119
So.3d 1171, 1173 (¶4) (Miss. Ct. App. 2013). "Our
review of . . . a question of law is de novo."
Voluntariness of Guilty Plea
Patane alleges that he was coerced into signing his plea
petition by his attorney, and neither the court nor his
attorney advised him of the rights he would be giving up or
the consequences of his guilty plea. He states that he did
not have time to read the documents included in the plea