158 So. 3d 354
Miss. Ct. App.2014Background
- Bowdry charged by criminal information on Sept. 14, 2011, with possessing more than two grams of cocaine as a habitual offender.
- Bowdry pled guilty on the same day and received a 16-year MDOC sentence.
- A clerical error led to an amendment of the information date from May 11, 2011, to Aug. 11, 2011; the court granted the amendment.
- Bowdry later filed a PCR motion alleging the amendment improperly imposed habitual-offender status after conviction.
- The trial court denied PCR; Bowdry appeals arguing plain error from the late amendment, citing Gowdy v. State.
- The appellate court reviews PCR denials for abuse of discretion; issues focus on plain error and constitutional rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether amendment after plea was plain error | Bowdry contends amendment lacked substance and timing. | Bowdry’s information already referenced habitual offender status; amendment corrected clerical/date errors. | No plain error; amendment proper and not prejudicial. |
Key Cases Cited
- Gowdy v. State, 56 So. 3d 540 (Miss. 2011) (reverses amendment post-conviction in Gowdy)
- Jones v. State, 912 So. 2d 973 (Miss. 2005) (amendment to correct defects of form allowed)
- Berry v. State, 19 So. 3d 137 (Miss. Ct. App. 2009) (information by information-plea procedures)
- Pool v. State, 764 So. 2d 440 (Miss. 2000) (test for prejudice when amending information)
- Hurt v. State, 34 So. 3d 1191 (Miss. Ct. App. 2009) (plain-error framework and prejudice inquiry)
- Smith v. State, 986 So. 2d 290 (Miss. 2008) (plain-error review standards and injustice correction)