Rayborn v. State
| Docket Number: | 2005-KA-01375-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-24-2007 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary of dwelling - Amendment of indictment - Sufficiency of evidence Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-25-2005 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: CONVICTED OF BURGLARY OF A DWELLING AND SENTENCED AS A HABITUAL OFFENDER TO TWENTY-FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT THE POSSIBILITY OF PAROLE District Attorney: Jon Mark Weathers Case Number: 04-052CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | JERRY LAVON RAYBORN |
JONATHAN MICHAEL FARRIS |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DESHUN TERRELL MARTIN |
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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: | Burglary of dwelling - Amendment of indictment - Sufficiency of evidence |
| Summary of the Facts: | Jerry Rayborn was convicted of burglary of a dwelling and was sentenced as a habitual offender to serve twenty-five years without the possibility of parole. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Amendment of indictment Rayborn argues that the trial court erred in allowing the State to amend the indictment to include habitual offender language. The test for whether an amendment to the indictment will prejudice the defense is whether the defense as it originally stood would be equally available after the amendment is made. Since an amendment charging a defendant as a habitual offender does not affect the substance of the crime charged, but only the sentencing, Rayborn’s defense to the burglary of a dwelling charge was unaffected by the amendment. Issue 2: Sufficiency of evidence The victim was able to identify Rayborn as the burglar. When Rayborn attempted to get a person to cash one of the victim’s check for him and the person refused, Rayborn became agitated. The jury clearly found these two witnesses to be more credible than Rayborn. |
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