Boyd v. Mississippi
Annotate this CaseDwayne Boyd was convicted of the sale of marijuana, greater than thirty grams but less than one kilogram, within 1,500 feet of a school or within 1,000 feet of the real property of a school. He was sentenced, as a subsequent drug offender, to 120 years in the custody of the Mississippi Department of Corrections (MDOC), with sixty years to serve and five years of supervised post-release supervision. The Court of Appeals affirmed his conviction and sentence. Upon review of Boyd's arguments on appeal, the Supreme Court concluded that the trial court did not abuse its discretion in denying Boyd's motion for continuance to secure new counsel on the day of trial. But the Court did find that Boyd did not receive timely notice that the State would seek a post-conviction amendment to the indictment and such action constituted unfair surprise. Therefore, the Court affirmed Boyd's conviction, but vacated his sentence and remanded for resentencing.
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