Chazz Nero v. State of Mississippi

── Chazz Nero v. State of Mississippi ── Court: Court of Appeals of Mississippi Date: May 12, 2026 Category: General IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2025-CA-00276-COA CHAZZ NERO APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 02/04/2025 TRIAL JUDGE: HON. W. ASHLEY HINES COURT FROM WHICH APPEALED: WASHINGTON COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: ANGELA DENISE GREEN ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALLISON ELIZABETH HORNE NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF DISPOSITION: AFFIRMED - 05/12/2026 MOTION FOR REHEARING FILED: BEFORE BARNES, C.J., LAWRENCE AND EMFINGER, JJ. LAWRENCE, J., FOR THE COURT: ¶1. Chazz Nero pled guilty to statutory rape in 2013 and was sentenced to twenty years in Mississippi Department of Corrections (MDOC) custody. However, the last fifteen years of that sentence would be suspended if Nero successfully completed five years of supervised probation. After serving five years in custody, Nero was released and placed on supervised probation. Months later, Nero was arrested for multiple felonies. His probation was subsequently revoked, and Nero was returned to MDOC custody. Nero filed his first motion for post-conviction collateral relief (PCR) in 2024. The motion was denied. Aggrieved, Nero appealed. Finding no error, we affirm. FACTUAL AND PROCEDURAL HISTORY ¶2. On December 10, 2013, Chazz Nero was convicted of statutory rape in the Circuit Court of Washington County. He was sentenced to twenty years in MDOC custody, with the “execution of the last fifteen years of said sentence to be suspended conditioned upon [his] successful completion of five years supervised probation under the direction of” the MDOC. (Emphasis added). ¶3. Accordingly, Nero was released from MDOC custody on approximately August 26, 2018, and placed on supervised probation. He signed a form acknowledging the conditions of “Community Supervision in Mississippi” three days later. On October 21, 2018, Nero was arrested by the Greenville Police Department. Consequently, on December 12, 2018, the circuit court entered an order revoking Nero’s “post-release supervision.” The order stated that Nero had violated the terms of his probation by failing to obey laws. Specifically, Nero “was arrested by the Greenville Police Department and charged with Aggravated Assault, Attempt[ed] Armed Robbery, and Conspiracy.” ¶4. Nero was indicted on August 24, 2020. The indictment alleged Nero had committed the following crimes: aggravated assault, armed robbery, conspiracy, and possession of a firearm as a felon. The case against him was dismissed on May 30, 2023, after his co- defendant—the “necessary and material witness” against him—invoked his right to remain silent. ¶5. On October 1, 2024, Nero filed a motion “to set aside the order revoking probation, terminate probation, and release [Nero] from the custody of the [MDOC].” Among other arguments, Nero contended that the terms of his probation were not clearly set out at his 2 sentencing hearing.1 ¶6. The court treated the motion as one for PCR and ordered the State to file a response. The State filed its response on December 10, 2024, first asserting that Nero’s motion was unsworn and therefore improper. Continuing, the State argued that the court had imposed a legal sentence and that the revocation of Nero’s probation after his arrest was the right result. ¶7. The court entered an order denying Nero’s motion on February 4, 2025. In relevant part, the order found that Nero had been adequately notified of the terms of his probation. On M