305 So.3d 1262
Miss. Ct. App.2020Background
- On Aug. 31, 2017, two masked men with handguns forced entry into State Bank and Trust in Brookhaven, took $165,000 from the vault, and fled; victims feared for their lives.
- Police found a handgun, a plastic bag, scattered money forming a "money trail," and recovered all $165,000 nearby; Collins was arrested near the trail.
- Clothing found at the scene included a maroon "Work Safe" sweatshirt and a T‑shirt whose DNA matched Collins (one in over ten billion probability).
- Collins gave inconsistent statements to police (admitting being inside then claiming he was only a lookout) and at trial testified he only observed the robbery while expecting police intervention.
- Collins was convicted by a jury of conspiracy to commit armed robbery and armed robbery and sentenced to consecutive terms (5 years and 43 years); he appealed claiming the armed‑robbery instruction constructively amended the indictment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the jury instruction constructively amended the indictment and, if unobjected to, whether it was plain error | State: Collins waived the claim by agreeing to instructions; even if variance existed, it was not plain error because it did not prejudice his defense or the trial's outcome | Collins: Instruction changed the theory from "violence to the person" (as alleged in indictment) to "putting in fear by exhibition of a weapon," thus constructively amending the indictment and warranting reversal as plain error | Court: Instruction did constitute a constructive amendment, but Collins waived the claim; not plain error because his defense was a complete denial (so no prejudice), therefore convictions affirmed |
Key Cases Cited
- Bell v. State, 725 So. 2d 836 (Miss. 1998) (defines constructive amendment as broadening grounds for conviction beyond indictment)
- Brent v. State, 296 So. 3d 42 (Miss. 2020) (failure to contemporaneously object waives constructive‑amendment claim; appellate review limited to plain‑error standard)
- Neal v. State, 15 So. 3d 388 (Miss. 2009) (same principle on waiver of instruction objections)
- Willie v. State, 204 So. 3d 1268 (Miss. 2016) (plain‑error test: legal deviation, obviousness, and prejudice/manifest miscarriage of justice)
- Faulkner v. State, 109 So. 3d 142 (Miss. Ct. App. 2013) (variance between indictment and instruction not plain error where defendant’s defense was general denial)
- Young v. State, 271 So. 3d 650 (Miss. Ct. App. 2018) (similar holding that variance did not constitute plain error when defense not prejudiced)