Davis v. State

CARLTON, J.,

for the Court:

¶ 1. Hence David Davis appeals the Lauderdale County Circuit Court’s summary denial and dismissal of his motion for post-conviction relief (PCR), arguing that his indictment is defective and that his sentence is illegal. Finding no error, we affirm the trial court’s dismissal.

FACTS

¶ 2. On August 5, 2011, a Lauderdale County grand jury indicted Davis for sale of cocaine, in violation of Mississippi Code Annotated section 41-29-139 (Supp.2014). Davis was further indicted as a habitual offender pursuant to Mississippi Code Annotated section 99-19-81 (Supp.2014), and…