Spears v. State
| Docket Number: | 2004-CT-00662-SCT Linked Case(s): 2004-CT-00662-SCT ; 2004-KA-00662-COA ; 2004-KA-00662-COA |
|
| Supreme Court: | Opinion Link Opinion Date: 11-16-2006 Opinion Author: Easley, J. Holding: The judgment of the Court of Appeals is reversed. The judgment of the circuit court is affirmed. |
|
| Additional Case Information: |
Topic: Burglary of dwelling - Amendment of indictment Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. Dissenting Author : Diaz, J. Dissent Joined By : Graves, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: yes Appealed from Court of Appeals |
|
| Trial Court: |
Date of Trial Judgment: 03-18-2004 Appealed from: Quitman County Circuit Court Judge: Larry O. Lewis Disposition: Brian Spears (Spears) was convicted of burglary of a dwelling by a jury in the Circuit Court of Quitman County, Mississippi, and sentenced to a term of nine years in the custody of the Mississippi Department of Corrections with three years suspended and six to serve. District Attorney: LAURENCE Y. MELLEN Case Number: 2004-0007 |
|
| Note: | The judgment of the Court of Appeals is reversed. See the original COA opinion at http://www.mssc.state.ms.us/Images/OPINIONS/CO29778.PDF | |
| Party Name: | Attorney Name: | |||
| Appellant: | Brian Spears a/k/a Glendrick O'Bryan Spears |
ALLAN D. SHACKELFORD |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
|
|
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. |
|
| Topic: | Burglary of dwelling - Amendment of indictment |
| Summary of the Facts: | Brian Spears was convicted of burglary of a dwelling and sentenced to nine years with three years suspended. He appealed, and the Court of Appeals reversed and remanded. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | The issue is whether the trial court erred by allowing the State to amend the indictment. The Court of Appeals held that by changing the indictment from charging an attempted crime to a completed crime, Spears' defense that he had actually completed the crime was no longer available to him. A change in the indictment is permissible if it does not materially alter facts which are the essence of the offense on the face of the indictment as it originally stood or materially alter a defense to the indictment as it originally stood so as to prejudice the defendant's case. The indictment in this case was clearly styled and specifically stated, “Burglary of a Dwelling MCA Section 97-17-23.” Section 97-17-23 was properly stated in the indictment. The attempt statute, section 97-1-7, was never referenced in the indictment. It is also important that the State never cited the attempt statute in the indictment, and at trial the State did not present any evidence regarding attempt. The indictment’s reference to attempt was merely a scrivener’s error. Reading the indictment as a whole, the indictment provided that Spears was indicted for burglary pursuant to section 97-17-23, not the attempt statute, section 97-1-7. Accordingly, Spears was fully notified by the indictment of the nature and cause of the accusation as required pursuant to Rule 7.06 of the Mississippi Uniform Rules of Circuit and County Court Practice. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
