Owens v. State
| Docket Number: | 2002-KA-01385-COA Linked Case(s): 2002-KA-01385-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-06-2004 Opinion Author: McMillin, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine - Peremptory challenges - Challenge for cause - Amendment of indictment Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ. Concur in Part, Dissent in Part 1: Irving, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-29-2002 Appealed from: Lee County Circuit Court Judge: Thomas J. Gardner Disposition: SALE OF CONTROLLED SUBSTANCE: SENTENCED TO SERVE A TERM OF TWENTYFIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH TEN YEARS OF SENTENCE SUSPENDED, AND DEFENDANT SHALL BE PLACED UNDER POST-RELEASE SUPERVISION UPON THE RELEASE FROM INCARCERATION FOR A PERIOD OF FIVE YEARS. Case Number: CR02-179(G)L |
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| Party Name: | Attorney Name: | |||
| Appellant: | Eric Owens |
BRIAN H. NEELY |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Sale of cocaine - Peremptory challenges - Challenge for cause - Amendment of indictment |
| Summary of the Facts: | Eric Owens was convicted of the sale of cocaine and sentenced to twenty-five years with ten years suspended. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Peremptory challenges Owens argues that the State systematically excluded African American venire members from serving on the jury through the use of its peremptory challenges. The sole alleged factual basis for that assertion was that one juror had been struck and that she was a member of the affected racial group. Other than defense counsel’s assertion, there is no evidence to establish the fact of this juror’s race. In fact, this assertion was countered by the prosecution’s contrary view that she was not an African American. Therefore, Owens had not satisfactorily established a prima facie case of discriminatory exercise of peremptory strikes by the prosecution. Issue 2: Challenge for cause Owens argues that the court erred when it failed to allow his challenge for cause to a juror. Not only does the record fail to affirmatively show that this juror served on the jury, but there is no evidence that the defense was forced to accept her because it had exhausted its peremptory challenges. Issue 3: Amendment to indictment Owens argues that the fact that the State sought to amend the indictment to seek enhanced punishment violated his constitutional right to be charged through an indictment by a grand jury. Not only did the State formally abandoned its motion to amend the indictment, but an amendment to allege the offender’s status as an habitual offender is not a substantive amendment requiring grand jury action. |
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