Jackson v. State
| Docket Number: | 2005-KA-00163-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-28-2006 Opinion Author: King, C.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Burglary - Amendment of indictment - Sufficiency of evidence Judge(s) Concurring: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 10-11-2004 Appealed from: Wilkinson County Circuit Court Judge: Lillie Blackmon Sanders Disposition: DEFENDANT CONVICTED OF BURGLARY OF A STOREHOUSE AND SENTENCED TO LIFE AS A HABITUAL OFFENDER. District Attorney: RONNIE LEE HARPER Case Number: 04-KR-009-S |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Trevor Jackson |
EILEEN M. MAHER |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOSE BENJAMIN SIMO |
|
|
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 - Amendment of indictment - Sufficiency of evidence |
| Summary of the Facts: | Trevor Jackson was convicted of burglary of a storehouse. He was sentenced as a habitual offender to life. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Amendment of indictment Jackson argues that he was unfairly surprised by the motion to amend the indictment to name him as a habitual offender. It is permissible to amend the indictment on the date of trial and to charge the defendant as a habitual criminal when defense counsel is aware of the State’s intentions and the defendant is fully aware of the State’s intentions during plea negotiations. Here, the trial court did not err in granting the district attorney’s motion to amend the indictment. Jackson’s counsel admitted that he was aware that the district attorney was considering amending the indictment to name Jackson as a habitual offender. The trial court also asked Jackson if he was aware of the impact of the amendment and gave him time to discuss the amendment with his attorney. The trial court stated that it would reopen the plea negotiations to permit Jackson to take the plea agreement previously discussed by the parties. Jackson and his counsel discussed that option, and Jackson rejected it. Issue 2: Sufficiency of evidence The police chief and two other officers testified that they recognized Jackson from the store’s surveillance video. Based on their identification, the police obtained an arrest warrant. The search of the apartment where Jackson was arrested turned up $999 and several items of clothing similar to those worn by the suspect in the surveillance video. The jury apparently accepted the testimony of the police officers in returning a guilty verdict. Giving the prosecution the benefit of all inferences which support the verdict and relying on the jury to address all matters of weight and credibility of the evidence, the evidence was sufficient. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
