The Mississippi Court of Appeals affirmed the trial court's decision on December 11, 2007. See Trice v. State, 992 So. 2d 638 (Miss. App. 2007). Trice then filed the instant petition on June 19, 2009 challenging his state court conviction.
1984). In this regard, the indictment is required to have only a clear and concise statement of the elements of the crime charged, nothing more. Id.; see also Trice v. State, 992 So.2d 638, 641 (¶ 12) (Miss.Ct.App. 2007) ("[I]t is not necessary for an indictment to state a specific statute under which a defendant is charged"). When this requirement is met, an erroneous citation to a statute number has been considered by this Court to be merely surplusage and not prejudicial to the defendant.