HENRY J. LANERI III A/K/A HENRY JOSEPH LANERI III APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 02/15/2017
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
LEE, C.J., CARLTON AND WESTBROOKS, JJ.
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.
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."
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.
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.
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.
"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 (¶4) (Miss. Ct. App. ...