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Laneri v. State

Court of Appeals of Mississippi

May 22, 2018

HENRY J. LANERI III A/K/A HENRY JOSEPH LANERI III APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 02/15/2017

          PEARL RIVER COUNTY CIRCUIT COURT HON. ANTHONY ALAN MOZINGO JUDGE

          ATTORNEY FOR APPELLANT: HENRY J. LANERI III (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: KAYLYN HAVRILLA MCCLINTON

          BEFORE LEE, C.J., CARLTON AND WESTBROOKS, JJ.

          WESTBROOKS, J.

         ¶1. Henry J. Laneri III, appearing pro se, appeals the Pearl River County Circuit Court's denial of his motion for postconviction relief (PCR). Finding no error, we affirm.

         FACTS

         ¶2. On April 21, 2011, the Grand Jury of Pearl River County indicted Laneri on the charge of possession of contraband in a correctional facility. At the time of his indictment, Laneri was currently serving an eight-year sentence for possession of a controlled substance. On January 13, 2012, Laneri filed a petition to enter a guilty plea for the possession of contraband charge. At this plea hearing the judge stated, "I'll sentence you to serve a term of eight years. Six will be suspended, with the two you already served to run concurrent with the sentence you're serving in Hancock County."

         ¶3. The Order of Conviction and Sentence, filed on January 19, 2012, reflected that Laneri was sentenced to eight years in the custody of Mississippi Department of Corrections (MDOC) with two years to serve and the remaining six years to be served under the post-release provisions set forth in Mississippi Code Annotated section 47-7-34 (Rev. 2011), with a five-year supervision period.

         ¶4. Late February 2016, Laneri was released from custody. Shortly after, Laneri inquired whether he was sentenced to post-release supervision (PRS). The parole officer in Hancock County confirmed that he was sentenced to PRS. On July 18, 2016, Laneri was arrested in the front of his home by the Hancock Sheriff's Department for possession of a controlled substance and paraphernalia. During that time, Laneri was also sixteen payments behind on his court fines. Laneri later filed a motion to dismiss arguing (1) he was not sentenced to PRS in his plea hearing and (2) his charges were misdemeanors. Later, Laneri pleaded guilty. Pursuant to Laneri's admission, the court revoked Laneri's probation and reinstated the remaining five years and seven months of his previous sentence.

         ¶5. On January 25, 2017, Laneri filed a petition for habeas corpus and asserted (1) the Circuit Court of Pearl River County did not have jurisdiction to revoke his PRS and (2) the court's written order did not reflect the court's verbal pronouncement of his sentence. The circuit court denied Laneri's petition stating his first assertion was without merit and his second was successive as he had previously raised the issue. Without much detail, the order states "Laneri previously raised this issue before the Court[.] See Pearl River County Circuit Court No. 2013-0174M-PC. This argument is therefore barred as a subsequent writ." Because Laneri sought review of his sentence, the circuit court treated Laneri's petition as a motion for PCR. Laneri timely appeals.

         STANDARD OF REVIEW

         ¶6. "When reviewing a trial court's denial or dismissal of a PCR motion, we will only disturb the trial court's factual findings if they are clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard of review." Purnell v. State, 126 So.3d 949, 951 (ΒΆ4) (Miss. Ct. App. ...


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