Ferguson v. Mississippi
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Charles Ferguson rode as a back-seat passenger with Lazeric Yarbrough and Oratio Robinson, unaware of Yarbrough’s and Robinson’s intent to purchase marijuana once the car arrived in West Point. On their return to Starkville, the men approached a Mississippi Highway Patrol checkpoint. As they approached the checkpoint, Yarbrough (in the front seat) opened the door and threw the bag of marijuana from the vehicle. The officers at the checkpoint watched as the bag was thrown from the vehicle and subsequently arrested all three men. Ferguson was indicted for possession of marijuana in an amount greater than 250 grams but less than 500 grams, with the intent to distribute. The State presented that it had learned during the break that Ferguson was a habitual offender, and it had just then filed its motion to amend the indictment to reflect his habitual-offender status. The trial court moved forward with a hearing on the State’s motion to amend the indictment. Defense counsel argued that, because of the timing of the motion, an amendment would unfairly prejudice Ferguson. The trial court recessed to give defense counsel an opportunity to speak with Ferguson; during the recess, the State communicated its plea offer to Ferguson for his consideration. Thereafter, the trial court allowed the amendment. An additional “brief recess” was taken to give Ferguson and defense counsel one last chance to confer. Ferguson chose to reject the State’s plea offer. Ferguson was convicted of the lesser-included offense of possession of marijuana in an amount of 250 grams but less than 500 grams, and sentenced to serve eight years as a habitual offender. On appeal, he argued that: (1) the verdict was against the sufficiency of the evidence; (2) the trial court erred in allowing the indictment to
be amended after jury selection had been completed; (3) the trial court erred in denying his motion for a continuance; and (4) his counsel was ineffective. The Supreme Court concluded after review, the trial court erred in allowing the amendment to the indictment, because Ferguson did not receive proper notice and was unfairly surprised. Accordingly, the Court reversed in part the judgments of the Court of Appeals and trial court that ruled otherwise. The Court vacated only the portion of Ferguson’s sentence that was based on his status as an habitual offender. The case was remanded for resentencing.
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