Amos v. State
| Docket Number: | 2009-CP-01382-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-28-2010 Opinion Author: Myers, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Defective indictment - Section 47-5-193 - Section 47-5-194 Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 07-22-2009 Appealed from: WINSTON COUNTY CIRCUIT COURT Judge: Clarence E. Morgan, III Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2009-127-CVM |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Tawrence Amos |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY | ||
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: | Post-conviction relief - Defective indictment - Section 47-5-193 - Section 47-5-194 |
| Summary of the Facts: | Tawrence Amos pled guilty to unauthorized possession of contraband in a correctional facility. He later filed a motion for post-conviction relief which the court denied. He appeals. |
| Summary of Opinion Analysis: | Amos argues that his indictment erroneously listed section 47-5-193, rather than section 47-5-194. The purpose of an indictment is to provide defendants notice and a reasonable description of the charges against them so that they may prepare a defense. When this requirement is met, an erroneous citation to a statute number is merely surplusage and not prejudicial to the defendant. Based on the substance of Amos’s indictment, either section 47-5-193 or section 47-5-194 could have been listed. Both sections 47-5-193 and 47-5-194 carry the same potential punishment. There is no error. |
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