Arrington v. State, 69 So. 3d 29

Arrington was convicted in Jones County Circuit Court of felony escape and sentenced as a habitual offender to five years in the Mississippi Department of Corrections.
While awaiting a bond hearing at Laurel Police Department, Arrington was escorted to the booking area and allowed to smoke briefly in the security area.
Arrington walked to the security area stairs, ran down the stairs when officers turned away, and escaped; the act was captured on surveillance video.
Arrington was later located hiding in a closet in a nearby residence.
On appeal, Arrington challenged his right to testify, habitual-offender status, and the indictment's sufficiency and potential constructive amendments to the jury instruction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Right to testify.	Arrington contends he was deprived of the right to testify.	State and defense court proceedings show Arrington chose to testify and could be cross-examined.	No reversible error; record shows adequate notice of right to testify.
Habitual-offender status.	State failed to prove two prior felonies beyond reasonable doubt.	Evidence of two prior convictions attached to amended indictment suffices.	Habitual-offender status affirmed; sufficient evidence presented.
Indictment sufficiency.	Indictment failed to specify the felony arrest/conviction tied to the escape.	Indictment clearly stated felonious escape from custody for a felony.	Indictment sufficient; no fatal defect.

Culberson v. State, 412 So. 2d 1184 (Miss. 1982) (requirement to inform defendant of right to testify on record when appropriate)
Brown v. State, 995 So. 2d 698 (Miss. 2008) (plain-error review for habitual-offender status)
Davis v. State, 680 So. 2d 848 (Miss. 1996) (bifurcated hearing required to prove habitual-offender status beyond reasonable doubt)
Evans v. State, 916 So. 2d 550 (Miss. Ct. App. 2005) (indictment sufficiency—notice of charges)
Williams v. State, 445 So. 2d 798 (Miss. 1984) (elements-defining standard for indictment)