OF JUDGMENT: 04/29/2016
COUNTY CIRCUIT COURT HON. ANDREW K. HOWORTH TRIAL JUDGE
ATTORNEY FOR APPELLANT: BOBBY PEGUES (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
JOSEPH SCOTT HEMLEBEN
GRIFFIS, P.J., FAIR AND WILSON, JJ.
In April 2015, Bobby Pegues pled guilty to two counts of sale
of a controlled substance. He was sentenced to eight years on
each count, to be served consecutively, with one year
suspended from the second sentence. Pegues subsequently filed
a motion for post-conviction relief alleging, among other
things, that his indictment was defective because it failed
to conclude with the words "against the peace and
dignity of the state." But Pegues's indictment does,
in fact, conclude with those words, so the circuit court
dismissed the PCR motion without an evidentiary hearing. On
appeal, we find no error and affirm.
The circuit court may summarily dismiss a PCR motion without
an evidentiary hearing "[i]f it plainly appears from the
face of the motion, any annexed exhibits and the prior
proceedings in the case that the movant is not entitled to
any relief." Miss. Code Ann. § 99-39-11(2) (Rev.
2015). To succeed on appeal, the petitioner must: (1) make a
substantial showing of the denial of a state or federal right
and (2) show that the claim is procedurally alive. Young
v. State, 731 So.2d 1120, 1122 (¶9) (Miss. 1999).
Our review of the summary dismissal of a PCR motion, a
question of law, is de novo. Id.
Indictment - Constitutional Requirements
Pegues contends that his indictment violates Article 6,
Section 169 of the Mississippi Constitution, which provides
in relevant part that "all indictments shall conclude
'against the peace and dignity of the state.'"
Our courts have enforced this constitutional requirement,
even though it has been called "idle and
meaningless." See McNeal v. State, 658 So.2d
1345, 1349 (Miss. 1995) (quoting Love v. State, 8
So. 465, 465 (Miss. 1891)).
While the concluding statement is, in fact, required, it is a
matter of the form of the indictment. Such claims must be
raised as a demurrer to the indictment and are waived by a
valid guilty plea. Brandau v. State, 662 So.2d 1051,
1054-55 (Miss. 1995); see also Miss. Code Ann.
§ 99-7-21 (Rev. 2015). As ...