Bobby Pegues v. State of Mississippi
214 So. 3d 1080
| Miss. Ct. App. | 2017Background
- In April 2015, Bobby Pegues pled guilty to two counts of sale of a controlled substance and received consecutive eight-year sentences (one year suspended from second).
- Pegues filed a motion for post-conviction relief (PCR) claiming, among other things, that the indictment was defective because it did not conclude "against the peace and dignity of the state."
- The circuit court dismissed the PCR motion without an evidentiary hearing, finding the indictment conclusion present and claims either waived or without merit.
- Pegues raised additional claims: failure to allege the arresting officer's name, involuntary plea, lack of factual basis, ineffective assistance of counsel, weight-of-evidence challenge, and newly discovered evidence regarding officer misconduct.
- The Court of Appeals reviewed the summary dismissal de novo and affirmed the circuit court, rejecting each of Pegues’s claims.
Issues
| Issue | Pegues's Argument | State's Argument | Held |
|---|---|---|---|
| Indictment form requirement | Indictment failed to conclude "against the peace and dignity of the state." | Indictment did include the required words; claim waived by guilty plea. | Dismissed: indictment did contain the words; claim waived. |
| Missing essential element | Indictment omitted name of arresting officer. | Name of arresting officer is not an essential element of sale offense. | Dismissed: not an essential element. |
| Voluntariness of plea | Plea involuntary because based on defective indictment. | Underlying indictment challenge fails, so plea voluntary. | Dismissed: no merit. |
| Factual basis for plea | Trial court lacked factual basis for accepting plea. | Issue not raised below; procedurally barred. | Dismissed as procedurally barred. |
| Ineffective assistance of counsel | Counsel failed to investigate and recognize defenses/innocence. | Allegations are conclusory and unsupported by evidence. | Dismissed: insufficient proof. |
| Weight/sufficiency of evidence | Conviction against overwhelming weight; had prescription, no payment, was sedated; recordings insufficient. | A valid guilty plea waives challenge to sufficiency/weight of evidence. | Dismissed: waived by guilty plea. |
| Newly discovered evidence | Officer was fired for misconduct; would have impacted trial. | Assertions unsupported and unrelated to Pegues’s case result. | Dismissed: fails to show entitlement to relief. |
Key Cases Cited
- McNeal v. State, 658 So. 2d 1345 (Miss. 1995) (constitutional form requirement for indictment conclusions discussed)
- Brandau v. State, 662 So. 2d 1051 (Miss. 1995) (form defects waived by valid guilty plea; should be raised by demurrer)
- Switzer v. State, 828 So. 2d 1277 (Miss. Ct. App. 2002) (indictment meets constitutional requirement if it concludes with the required words)
- Jenkins v. State, 308 So. 2d 95 (Miss. 1975) (name of arresting officer not an essential element of drug-sale offense)
- Young v. State, 731 So. 2d 1120 (Miss. 1999) (standards for appellate review of summary dismissal of PCR motion)