Eddie Bryant v. State of Mississippi
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IN THE SUPREME COURT OF MISSISSIPPI
NO. 2000-CT-01214-SCT
EDDIE BRYANT a/k/a E-DOG
v.
STATE OF MISSISSIPPI
ON WRIT OF CERTIORARI
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEYS FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
6/16/2000
HON. W. ASHLEY HINES
WASHINGTON COUNTY CIRCUIT COURT
STEPHEN NICK
OFFICE OF THE ATTORNEY GENERAL
BY: JOHN R. HENRY
FRANK CARLTON
CRIMINAL - FELONY
AFFIRMED AS MODIFIED - 04/24/2003
EN BANC.
SMITH, PRESIDING JUSTICE, FOR THE COURT:
¶ 1.
Eddie Bryant (hereinafter "Bryant") was convicted of aggravated assault, shooting into a dwelling
house and manslaughter. Bryant appealed his conviction, and this Court assigned his case to the Court of
Appeals. The Court of Appeals affirmed the judgment of the Circuit Court of Washington County. We
granted certiorari and affirm the trial court’s and Court of Appeals’ judgments as to the issues Bryant
raised. However, we invoke the plain error doctrine and modify the Court of Appeals’ opinion and the
sentencing order of the trial court as the record reflects that Bryant was convicted of manslaughter rather
than murder under Count III of the indictment. The judgment of the trial court is therefore affirmed as
modified by this Court.
FACTS AND PROCEDURAL HISTORY
¶ 2.
Eddie Bryant was charged under a three-count indictment for the crimes of aggravated assault,
shooting into a dwelling house and depraved heart murder. The jury returned a verdict finding Bryant guilty
as charged in the first two counts and finding Bryant "guilty of manslaughter as to Count III." In the Jury
and Verdict form, the trial court correctly indicated that the jury had found Bryant guilty of manslaughter
on Count III. However, the sentencing order states,
THIS DAY . . . came also the defendant, Eddie Bryant, . . . tried in this Court on the
indictment charging him with the crimes of Count I - Aggravated Assault, Count II Shooting into a Dwelling House and Count III - Murder, and having been convicted by a
jury on a former day of this Court of Counts I, II, and III, now appears before the bar of
the Court for sentencing.
It is, thereupon, the sentence of the Court that the defendant be and he is hereby sentenced
to ten (10) years for Count I, ten (10) years for Count II and twenty (20) years for Count
III, all time to run consecutive and to be served in the custody of the Mississippi
Department of Corrections. Defendant is further ordered to pay court costs of $252.50
and bond fee of $20.00
Therefore, the trial court incorrectly indicated in the sentencing order that Bryant was convicted of murder.
However, the trial court properly sentenced Bryant to twenty years for manslaughter. Bryant's Notice of
Criminal Disposition to the Mississippi Department of Corrections incorrectly indicates that he was
convicted of murder under Miss. Code Ann. § 97-3-19(1)(b) (Rev. 2000). The notice should state that
Bryant was convicted of manslaughter under Miss. Code Ann. § 97-3-25 (Rev. 2000).
¶ 3.
Bryant appealed his conviction, but did not raise the error regarding the nature of his conviction as
an issue. After reviewing the issues Bryant raised on appeal, the Court of Appeals held that
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the judgment of the Circuit Court of Washington County of conviction of count I
aggravated assault and sentence of ten years, count II shooting into a dwelling house and
sentence of ten years, and count III murder and sentence of twenty years, all sentences
to run consecutively and to be served in the custody of the Mississippi Department of
Corrections, is affirmed. Costs of this appeal are assessed to Washington County.
Bryant v. State, 2002 WL 982589,* 5 (¶19) (Miss. Ct. App. 2002) (emphasis added). The Court of
Appeals also incorrectly referred to Bryant’s conviction as “Count III murder.” Bryant filed a petition for
writ of certiorari and argued that it was error for the trial court to admit testimony and evidence regarding
the type of projectile and shell casings found at or near the crime scene. Bryant's petition for certiorari is
silent regarding the conviction error.
DISCUSSION
¶ 4.
We find that the issues raised in Bryant's petition for writ of certiorari are without merit. This Court
adopts the Court of Appeals’ opinion as the opinion of this Court as to the issues raised by Bryant.
However, after thorough review of the record and discovery of the conviction error located in the trial
court’s sentencing order, this Court must correct the error. Accordingly, we find that the judgment of the
trial court regarding Bryant’s sentencing order and the opinion of the Court of Appeals should be affirmed
as modified.
¶ 5.
Plain error may be noticed under the authority of Mississippi Rules of Appellate Procedure
28(a)(3). That rule provides,
(3) Statement of Issues. A statement shall identify the issues presented for review. No
separate assignment of errors shall be filed. Each issue presented for review shall be
separately numbered in the statement. No issue not distinctly identified shall be argued by
counsel, except upon request of the court, but the court may, at its option, notice
a plain error not identified or distinctly specified.
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M.R.A.P. 28(a)(3) (emphasis added). The plain error rule is recognized in Mississippi case law to prevent
the manifest miscarriage of justice, despite failure to preserve the error. Johnson v. Fargo, 604 So.2d
306, 311 (Miss. 1992). "Plain error" is error that affects the substantive rights of a defendant. Grubb v.
State, 584 So.2d 786, 789 (Miss. 1991). See also Johnson v. State, 452 So.2d 850, 853 (Miss.
1984); House v. State, 445 So.2d 815, 820 (Miss. 1984); Hooten v. State, 427 So.2d 1388 (Miss.
1983); Fondren v. State, 253 Miss. 241, 175 So.2d 628 (1965). The error in Eddie Bryant's conviction
affects his substantive rights and requires correction. This Court invokes the plain error doctrine in order
to correctly reflect Bryant’s conviction under Count III to be manslaughter instead of murder, as set out
in the trial court’s sentencing order and Bryant’s Notice of Criminal Disposition to the Mississippi
Department of Corrections.
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CONCLUSION
¶6.
Accordingly, for the reasons stated above, this Court affirms the judgment of the Circuit Court of
Washington County of conviction of aggravated assault and shooting into a dwelling house. This Court
affirms, as modified, the judgment of the Circuit Court of Washington County of conviction of manslaughter
instead of murder.
¶ 7.
AFFIRMED AS MODIFIED.
PITTMAN, C.J., WALLER, COBB, DIAZ, EASLEY, CARLSON AND GRAVES,
JJ., CONCUR. McRAE, P.J., CONCURS IN RESULT ONLY.
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