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Patane v. State

Court of Appeals of Mississippi

April 18, 2017

AARON L. PATANE A/K/A AARON LEE PATANE A/K/A AARON PATANE APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 01/08/2016

         CALHOUN 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.

          BEFORE IRVING, P.J., FAIR AND WILSON, JJ.

          IRVING, P.J.

         ¶1. 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.

         ¶2. Finding no error, we affirm.

         FACTS

         ¶3. 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.

         DISCUSSION

         ¶4. "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." Id.

         I. Voluntariness of Guilty Plea

         ¶5. 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 petition ...


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