Gowdy v. State

KITCHENS, Justice,

for the Court:

¶ 1. Following a jury trial, Tyrone Gow-dy was convicted of felony driving under the influence of alcohol (DUI). Two months after his trial and conviction, but before his sentencing, the State amended the indictment to allege that Gowdy was an habitual offender as defined by Mississippi Code Section 99-19-83 (Rev.2007). The trial judge then adjudicated Gowdy an habitual offender and sentenced him to life imprisonment without the possibility of parole. Finding that the State was prohibited from amending the indictment after Gow-*542dy’s conviction, but finding that…