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IN THE SUPREME COURT OF MISSISSIPPI NO. 96-KP-00399-SCT JACK WITTEN JONES a/k/a EDWARD EUGENE SHELTON v. STATE OF MISSISSIPPI THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEY FOR APPELLANT: ATTORNEY FOR APPELLEE: 03/21/95 HON. KOSTA N. VLAHOS HARRISON COUNTY CIRCUIT COURT PRO SE OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE CONO CARANNA CRIMINAL - POST CONVICTION RELIEF AFFIRMED - 9/25/97 10/16/97

DISTRICT ATTORNEY: NATURE OF THE CASE: DISPOSITION: MOTION FOR REHEARING FILED: MANDATE ISSUED:

BEFORE DAN LEE, C.J., McRAE AND SMITH, JJ. SMITH, JUSTICE, FOR THE COURT:

Jack Witten Jones pled guilty to the crime of burglary in the Circuit Court of Harrison County and was sentenced as a habitual offender. Jones now appeals to this Court from the summary dismissal of his motion for post-conviction relief. Jones, relying on McNeal v. State, 658 So. 2d 1345 (Miss.1995), argues that the indictment charging him as a habitual offender was fatally defective because it failed to conclude with the language "against the peace and dignity of the State." Jones also argues that his counsel was ineffective and that he is entitled to an evidentiary hearing. Finding Jones's assignments of error to be without merit, we affirm. STATEMENT OF FACTS

On May 14, 1991, Jack Witten Jones was indicted as an habitual offender for the crime of burglary of a dwelling. Upon entry of his guilty plea, Jones was sentenced as an habitual offender by the trial court to serve a term of eight years in the custody of the Mississippi Department of Corrections without benefit of probation or parole. Jones thereafter filed a motion for post-conviction relief on March 26, 1994. However, because Jones filed the motion under a criminal cause number, the Harrison County Court Administrator's Office notified Jones that the motion should be refiled as a civil cause of action. On March 29, 1994, this Court issued an Order denying Jones's Petition for Writ of Mandamus and advised Jones to refile his post-conviction motion as a civil motion. Jones again filed his motion under a criminal cause number on April 12, 1995, but properly filed his Amended Motion to Vacate Habitual Offender Portion of Sentence and/or Motion to Vacate Conviction and Sentence on August 18, 1995. On February 29, 1996, Jones filed a Supplemental Argument to Amended Post-Conviction Motion. After review, the trial court found that Jones's motion failed to conform with the requirements set forth in Miss. Code Ann.

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