Rew v. State
| Docket Number: | 2009-KA-00646-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-20-2010 Opinion Author: Ishee, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Burglary of a dwelling, Kidnaping, & Felon in possession of firearm - Jury instruction - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Carlton and Maxwell, JJ. Judge(s) Concurring Separately: Roberts, J., specially concurs with separate written opinion joined by Griffis and Maxwell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-08-2009 Appealed from: Lauderdale County Circuit Court Judge: Lester F. Williamson Disposition: CONVICTED OF COUNT I, BURGLARY OF A DWELLING, AND SENTENCED TO TEN YEARS; COUNT II, KIDNAPING, AND SENTENCED TO TEN YEARS; COUNT III, KIDNAPING, AND SENTENCED TO TEN YEARS; AND COUNT IV, FELON IN POSSESSION OF A FIREARM, AND SENTENCED TO ONE YEAR, ALL AS A HABITUAL OFFENDER IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH THE SENTENCE FOR COUNT III, KIDNAPING, TO RUN CONCURRENTLY WITH THE SENTENCE FOR COUNT II, KIDNAPING, AND CONSECUTIVELY TO ALL OTHER SENTENCES District Attorney: Bilbo Mitchell Case Number: 435-08 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Tadarryl Rew |
LESLIE S. LEE, HUNTER NOLAN AIKENS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS | ||
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| Topic: | Burglary of a dwelling, Kidnaping, & Felon in possession of firearm - Jury instruction - Ineffective assistance of counsel |
| Summary of the Facts: | Tadarryl Rew was convicted of burglary of a dwelling, two counts of kidnaping, and being a felon in possession of a firearm. He was sentenced as a habitual offender. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Jury instruction Rew argues that a jury instruction constructively amended his indictment and rendered the indictment fatally defective. Rew’s indictment charged him with the intent to commit the crime of kidnaping. However, the jury was instructed that Rew could be convicted of burglary if he intended to break and enter into the dwelling with the intent to commit a crime therein. According to the record, the circuit court specifically asked Rew if he was waiving any inconsistency that the jury instruction would present as it related to the language of the indictment. Rew waived any objection. In addition, the jury instruction adequately instructed the jury. Issue 2: Ineffective assistance of counsel Rew argues that his trial counsel was ineffective in requesting the amendment to the jury instruction. Rew requested the change to the jury instruction; thus, this argument has no merit. |
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