Daniels v. State, 107 So. 3d 961

Daniels indicted for burglary of a dwelling with intent to commit grand larceny; later amended to habitual offender under Miss. Code § 99-19-83.
Trial court allowed amendment; Daniels failed to appear; trial conducted in his absence.
Jury convicted Daniels; sentencing deferred until later.
Sentenced to life without parole under habitual offender statute; Daniels moved for new trial or JNOV which was denied.
Jury instruction S-1 omitting the specific intended crime (grand larceny) was challenged as defective; appellate court reverses and remands for proper instruction.
Court reverses conviction due to flawed jury instruction and remands for proceedings consistent with this opinion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial in absentia violated Daniels’s rights	Daniels argues trial in absentia was improper	Trial absence was deliberate; proceeding allowed	Court declines to address this issue on the current appeal
Whether jury instruction properly stated burglary elements	S-1 failed to specify the intended crime in the burglary element	Amendment removing grand larceny cured any defect	Instruction flawed; reversal and remand for proper jury instructions

State v. Buchanan, 22 So. 875 (Miss. 1898) (essential element is an intent to commit a specific crime)
Brumfield v. State, 40 So.2d 268 (Miss. 1949) (burglary requires proof of intent to commit a specific crime)
Johnson v. St. Dominics-Jackson Mem’l Hosp., 967 So.2d 20 (Miss. 2007) (de novo review for JNOV denials; substantial evidence standard)
Natchez Elec. & Supply Co. v. Johnson, 968 So.2d 358 (Miss. 2007) (substantial evidence standard; view evidence in light favorable to verdict)
Sheffield v. State, 749 So.2d 123 (Miss. 1999) (new-trial standard; abuse of discretion governs)
Bailey v. State, 78 So.3d 308 (Miss. 2012) (jury instructions read as a whole; no reversible error if accurate)