Ferguson v. State, 136 So. 3d 421

Ferguson rode with Yarbrough and Robinson from Starkville to West Point, unaware of their plan to buy marijuana.
At a Lowndes County checkpoint, Yarbrough allegedly threw the marijuana bag from the car; officers witnessed the act and arrested all three.
Ferguson was indicted in 2010 for possession of 250–500 grams with intent to distribute, under Miss. Code Ann. § 41-29-139.
During trial, the State moved to amend the indictment to reflect Ferguson as a habitual offender under Miss. Code Ann. § 99-19-81, announced on the trial day.
The court allowed the amendment after a hearing, recess, and defense consultation; Ferguson rejected a plea offer before evidence was presented.
Ferguson was convicted of the lesser-included offense (250–500 grams) and sentenced to eight years as a habitual offender; he appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether amendment of indictment after jury selection violated notice requirements	Ferguson argues lack of pretrial notice under URCCC 7.09, unfair surprise.	State contends timing was permissible under 7.09 and Boyd framework.	Amendment was improper due to unfair surprise and insufficient notice.
If amendment proper, whether denial of continuance was reversible error	Ferguson contends he needed time to hire counsel before retrial.	State asserts limited continuance not required given circumstances.	Not reached; issue treated as subsumed by notice/perceived surprise ruling (reversal on first issue).

Gowdy v. State, 56 So.3d 540 (Miss. 2010) (adequate notice for habitual-offender amendment requires fair opportunity to defend)
Boyd v. State, 113 So.3d 1252 (Miss. 2013) (formal pleadings with specific amendment filed in advance ensure notice)
McCain v. State, 81 So.3d 1055 (Miss. 2012) (case-by-case analysis for Rule 7.09 applications)