Ambrose v. People
2012 WL 37401
Supreme Court of The Virgin Is...2012Background
- Ambrose was previously convicted of third degree assault and unlawful firearm possession; the convictions were reversed for lack of juror unanimity and a new trial was ordered in 2008.
- The Third Circuit petitioned for certiorari; the Virgin Islands Court’s jurisdiction was divested, then reinstated after certiorari was dismissed for lack of jurisdiction.
- Ambrose sought outright acquittal on both counts, arguing (i) amendments to the information at close of evidence and (ii) insufficient evidence on unlawful firearm possession.
- The Superior Court allowed an Amended Information and later an Amended Superseding Information with Count One and Count Two expanded language.
- Count One added a broader description of assault with a deadly weapon; Count Two added the phrase “during the commission of a crime of violence,” purportedly enhancing the offense.
- The court concludes Amendments did not create a new offense and that the verdict could be sustained under the amended or original charging instruments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effect of amending Count One | Ambrose argues amendment charged a new offense and violated notice. | Ambrose had advance notice and the amendment did not add new elements. | Amendment did not entitle Ambrose to acquittal; viable under either charging instrument. |
| Effect of adding language to Count Two | Enhanced language created variance between information and verdict. | Sentence enhancement, not a new element; remedy is resentencing, not acquittal. | Remedy is resentencing if any; not a complete acquittal on Count Two. |
| Sufficiency of evidence for unlawful firearm possession | Certificate of non-licensure and Confrontation Clause issues negate sufficiency. | Evidence including defendant’s own admission and records show lack of license. | Sufficient evidence supported conviction; acquittal not warranted. |
Key Cases Cited
- Gov’t of the V.I. v. Berry, 604 F.2d 221 (3d Cir. 1979) (mere presence of a gun can establish an offense under 291(2))
- Joseph, 765 F.2d 394 (3d Cir. 1985) (variance between information and verdict when offense elements differ)
- Latalladi v. People, 51 V.I. 137 (V.I. 2009) (standard for reviewing sufficiency of evidence after conviction)
- United States v. McKie, 112 F.3d 626 (3d Cir. 1997) (defenses asserted may negate elements; absence of license defenses)
- Pearson v. State, 64 So.3d 569 (Miss. Ct. App. 2011) (remedy for failure to prove sentencing enhancement is preclusion of enhancement, not acquittal)