McCain v. State
| Docket Number: | 2009-CT-01865-SCT Linked Case(s): 2009-KA-01865-COA ; 2009-KA-01865-COA ; 2009-CT-01865-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 03-01-2012 Opinion Author: Randolph, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Robbery - Amendment of indictment - Habitual offender status - Section 99-19-83 - URCCC 7.09 Judge(s) Concurring: Waller, C.J., Carlson, P.J., and Chandler, J. Dissenting Author : Kitchens, J. Concur in Part, Concur in Result 1: Lamar, J., Concurs in Part and in Result Without Separate Written Opinion Concurs in Result Only: Dickinson, P.J., Concurs in Result Only With Separate Written Opinion Joined In Part by Randolph, Lamar and Kitchens, JJ. Pierce, J., Concurs in Result Only With Separate Written Opinion Joined In Part by Randolph, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 10-30-2009 Appealed from: Warren County Circuit Court Judge: Isadore Patrick Disposition: CONVICTED OF ROBBERY AND SENTENCED, AS A HABITUAL OFFENDER, WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION, TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION District Attorney: Richard Earl Smith, Jr. Case Number: 08,0167-CRP |
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| Consolidated: The Court of Appeals' decision can be found at http://courts.ms.gov/Images/Opinions/CO69071.pdf . | ||
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Kevin Dale McCain |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: STEPHANIE BRELAND WOOD |
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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: | Robbery - Amendment of indictment - Habitual offender status - Section 99-19-83 - URCCC 7.09 |
| Summary of the Facts: | Kevin McCain was convicted of robbery. The Court of Appeals affirmed McCain’s conviction and sentence. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | In Gowdy v. State, 56 So. 3d 540 (Miss. 2011), the Supreme Court held a post-conviction amendment of an indictment to include habitual-offender status “was prohibited[,]” such that the “enhanced portion” of Gowdy’s sentence was vacated and his case was remanded for resentencing. Here, however, the State’s Motion to Amend Indictment to Include Habitual Criminal Enhancement was filed nearly seven months prior to trial, a significant factual distinction from Gowdy. Thus, McCain could neither be said to have been “unfairly surprised,” nor denied “a fair opportunity to present a defense” as provided by URCCC 7.09. McCain had clear notice of the State’s intent to include habitual-offender status pursuant to section 99-19-83, the basis for it, and the possibility of being sentenced to life imprisonment without the possibility of parole. Although the State’s Motion to Amend Indictment was not ruled upon by the circuit court until after McCain’s conviction, the concerns of fair notice, unfair surprise, and fair opportunity to present a defense are absent. |
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