Before Prather, C.j., Banks And McRAE, JJ.
The opinion of the court was delivered by: Banks, Justice
DATE OF JUDGMENT: 02/27/97
TRIAL JUDGE: HON. R. I. PRICHARD, III
COURT FROM WHICH APPEALED: MARION COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
DISPOSITION AFFIRMED - 11/12/98
¶1. This case challenges the validity of conviction and habitual offender sentence. Burrell was convicted for sale of a controlled substance within 1500 feet of a school as an habitual offender under § 99-19-83, and was subsequently sentenced to a term of life imprisonment. Upon careful review, we conclude that there is no error mandating reversal. This Court affirms Burrell's conviction and sentence. Burrell assigns the following as error:
1. Whether the Jury Verdict Was Against the Overwhelming Weight of the Evidence and Was the Result of Bias and Prejudice.
2. Whether the Trial Court Erred in Denying Burrell's Motion for Directed Verdict and in Refusing Instruction D-1.
3. Whether the Trial Court Erred in Allowing the State to Amend the Indictment to Add Habitual Offender Status Where Burrell Had Not Been Indicted as an Habitual Offender by the Grand Jury.
4. The Trial Court Erred in Finding Miss. Code Ann. § 41-29-142 Applicable to this Case.
5. The Trial Court Erred in Refusing Burrell's Discovery Request for the Personnel File and Resume of the State's Chief Witness, a Narcotics Agent.
6. The Trial Court Should Not Have Imposed a Life Sentence Without Parole Where the State Failed to Prove Habitual Offender Status and Where Such Sentence Is Disproportionate to the Offense for Which Burrell Was Convicted.
7. Whether Uniform Circuit and County Court Rule 7.09 Constitutes an Unconstitutional Rule Where it Permits Amendment to an Indictment Without ...