Percy Hawthorne v. State of Mississippi, 174 So. 3d 306

Hawthorne, pro se, was indicted in Harrison County for possession with intent to distribute cocaine, possession with intent to distribute marijuana, and two counts of felon in possession of a firearm, all as a habitual offender.
The State sought enhanced sentencing on the drug counts as a subsequent drug offender.
Hawthorne pled guilty open to all four counts and was sentenced to 30 years onCounts 1–2 and 10 years on Counts 3–4, run concurrently, with no parole eligibility.
In January 2014 Hawthorne filed a motion for post-conviction relief (PCR) asserting the indictment was defective for omitting cocaine quantity and that evidence was obtained via unlawful entry and seizure.
The trial court denied the PCR in February 2014 and Hawthorne appealed, filing pro se briefs arguing the same issues (and later additional speedy-trial and Confrontation Clause concerns).
The Court of Appeals denied relief, addressing the indictment, probable-cause/defect claims, and preclusion/waiver effects of the guilty plea.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Indictment sufficiency without cocaine quantity	Hawthorne claims Count 1 fails for missing quantity.	Hawthorne argues the quantity is essential and missing.	Indictment not defective; quantity not required.
Probable cause and suppression (Fourth Amendment)	Entries/seizures were unlawful without probable cause.	Plea waived pre-plea Fourth Amendment issues.	Guilty plea waived the claimed Fourth Amendment issues.
Preclusion/waiver of other constitutional claims	Speedy trial, Confrontation, and counsel-ineffectiveness claims should be reviewed on appeal.	Claims not raised in the PCR are precluded; guilty plea also waives.	Claims precluded; guilty plea waives those rights.

Fair v. State, 93 So. 3d 56 (Miss. Ct. App. 2012) (quantity not essential element in cocaine sale)
Brawner v. State, 947 So. 2d 254 (Miss. 2006) (purpose of indictment is to provide notice)
Brown v. State, 890 So. 2d 901 (Miss. 2004) (elements and notice in indictments)
Carter v. State, 117 So. 3d 643 (Miss. Ct. App. 2013) (plea waives pre-plea issues except jurisdiction)
Matthews v. State, 761 So. 2d 931 (Miss. Ct. App. 2000) (plea colloquy and waiver considerations)
Fluker v. State, 17 So. 3d 181 (Miss. Ct. App. 2009) (claims not raised in PCR are reviewed for waiver)
Gardner v. State, 531 So. 2d 805 (Miss. 1988) (preclusion principles in PCR context)
Joiner v. State, 61 So. 3d 156 (Miss. 2011) (valid guilty plea waives certain constitutional rights)
Jefferson v. State, 556 So. 2d 1016 (Miss. 1989) (consequence of waiver in guilty pleas)
Moore v. State, 986 So. 2d 928 (Miss. 2008) (standard of review for PCR factual vs legal issues)