Gales v. State
131 So. 3d 1238
| Miss. Ct. App. | 2013Background
- Burglary of a nondwelling requires proof of three elements: breaking and entering, something of value kept in the structure, and intent to commit a crime inside.
- Gales was convicted of nondwelling burglary based on an indictment charging only breaking and entering a vacant/empty dwelling.
- The State amended the indictment from burglary of a dwelling to nondwelling burglary and switched the habitual-offender provisions to a lesser enhancement.
- At trial, the jury convicted Gales of nondwelling burglary and he was sentenced as a habitual offender to seven years.
- The Mississippi Supreme Court found the original and amended indictment defective for omitting two essential elements and void, requiring reversal and dismissal of the indictment.
- The court held that failure to charge all essential elements is a plain constitutional error warranting dismissal and reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the indictment charged all essential elements | Gales: indictment omits essential nondwelling burglary elements | State: amendments cured the defect | Indictment void; reversal and dismissal |
| Whether reversal and dismissal were proper remedy given the void indictment | Void indictment requires dismissal | Remedies beyond dismissal unnecessary if amended | Conviction reversed; indictment dismissed |
Key Cases Cited
- Thomas v. State, 126 So.3d 877 (Miss.2013) (notice/right to be informed of charges; elements must be charged)
- Spears v. State, 253 Miss. 108, 175 So.2d 158 (Miss.1965) (indictments must charge all essential elements)
- Murphy v. State, 566 So.2d 1201 (Miss.1990) (burglary elements include unlawful breaking and entering and intent to commit a crime)