Fair v. State
2012 Miss. App. LEXIS 108
| Miss. Ct. App. | 2012Background
- Fair was indicted May 30, 2007 in Coahoma County for sale of cocaine; indictment names cocaine but omits quantity.
- Judge sentenced Fair to five years after a jury found him guilty of sale of a controlled substance.
- Fair filed a PCR alleging the indictment was defective for failing to state the amount of cocaine.
- Circuit court denied PCR, holding that quantity is not an essential element and the indictment was proper.
- Court of Appeals held the indictment was proper with cocaine named and quantity not required; affirmed the denial of PCR.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is quantity of cocaine required in the indictment for sale of cocaine? | Fair argues failure to list amount renders indictment defective | State contends amount is not required by statute or rule | Quantity not required; indictment valid |
| Does failing to list quantity or amount violate URCCC 7.06 or otherwise render indictment defective? | Fair asserts missing weight violates charging standards | State relies on case law that weight is not an element | Indictment not defective; amount not an essential element |
Key Cases Cited
- Smith v. State, 973 So.2d 1003 (Miss.Ct.App.2007) (weight not element; no quantity required in sale of cocaine)
- Harris v. State, 17 So.3d 1117 (Miss.Ct.App.2009) (charging for sale of cocaine does not require weight)
- Edwards v. State, 916 So.2d 542 (Miss.Ct.App.2005) (no weight requirement for sale charge)
- Waites v. State, 872 So.2d 758 (Miss.Ct.App.2004) (no quota in sale indictment; weight not required)
- Williams v. State, 821 So.2d 883 (Miss.Ct.App.2002) (weight not element in cocaine sale)