73 So. 3d 550
Miss. Ct. App.2011Background
- Odom was convicted of armed robbery under Miss. Code Ann. § 97-8-79 (Rev.2006).
- The indictment alleged the cash stolen belonged to Quan Tran, not Dat Tran, the gas station owner.
- Dat Tran actually owned the gas station and the cash; Quan Tran worked at the register.
- At the close of the State's case-in-chief, the State moved to amend the indictment to reflect Dat Tran as the owner.
- Odom’s defense argued the indictment was fatally defective for misidentifying the owner; the judge denied directed verdict and granted the amendment.
- The amended indictment identified Dat Tran as the owner; the defense did not allege prejudice beyond the form change.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the indictment may be amended to correct ownership | Odom argues amendment prejudices defense | State argues amendment is permissible and non-prejudicial | Amendment affirmed; proper, no prejudice |
Key Cases Cited
- Evans v. State, 499 So.2d 781 (Miss. 1986) (indictment may be amended to conform to evidence if not prejudicial)
- Johnson v. State, 9 So.3d 413 (Miss.Ct.App.2008) (correcting ownership of money at gunpoint is non-prejudicial)
- Hampton v. State, 815 So.2d 429 (Miss.Ct.App.2002) (amending to reflect true owner of gas station did not prejudice defendant)
- Hall v. State, 785 So.2d 302 (Miss.Ct.App.2001) (no error where ownership of cash stolen was corrected in indictment)
- Montgomery v. State, 891 So.2d 179 (Miss.2004) (amendment identifying entity owning money embezzled upheld)