Craig D. Sallie v. State of Mississippi, 155 So. 3d 760

Sallie was convicted of aggravated assault by shooting Gregory Johnson in the back and of felon-in-possession of a firearm.
Sentences: 20 years for aggravated assault, 10 years for felon in possession, with those two running concurrently, plus a 10-year firearm-enhancement term added to run consecutively.
The firearm enhancement statute at issue is Miss. Code Ann. § 97-37-37(2).
The State did not give Sallie pretrial notice that it would seek the firearm enhancement; the enhancement was initially raised sua sponte by the trial court at sentencing.
The Court of Appeals affirmed Sallie’s convictions and the enhanced sentence; Sallie sought certiorari to challenge the notice issue.
The Mississippi Supreme Court reversed the enhancement portion for lack of fair notice, vacated the enhanced sentence, and remanded for resentencing, while affirming the remainder of the judgments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Sallie receive fair notice of the firearm enhancement?	Sallie lacked pretrial notice of § 97-37-37(2).	The enhancement fact was tied to the jury's findings and Apprendi-compliant; no notice requirement for this mandatory penalty.	No; lack of timely notice violated due process and due notice requirements.

Apprendi v. New Jersey, 530 U.S. 466 (2000) (jury must find facts increasing punishment beyond statutory maximum)
Gowdy v. State, 56 So.3d 540 (Miss.2010) (may not amend indictment to add habitual-offender status after conviction)
Boyd v. State, 113 So.3d 1252 (Miss.2013) (verbal notice insufficient; need formal pleadings with advance notice)
Williams v. State, 131 So.3d 1174 (Miss.2014) (adequate notice cases require explicit amendment or advance notice)
Mayers v. State, 42 So.3d 33 (Miss.Ct.App.2010) (section 97-37-37 is a sentence enhancement, not an element of the underlying offense)
State v. Reinke, 354 Or. 98 (Or.2013) (Apprendi-like discussion on indictment vs. enhancement factors)