Hawkins v. State

IRVING, J.,

for the Court.

¶ 1. Daryl Hawkins was convicted by the Bolivar County Circuit Court of attempted burglary of an automobile and sentenced as a habitual offender to life in the custody of the Mississippi Department of Corrections. Aggrieved, he appeals and asserts (1) that the indictment is void, (2) that he was entitled to a jury instruction based on the theory of abandonment, (3) that the trial court erred in denying his motion for a directed verdict or, alternatively, for a judgment notwithstanding the verdict, and (4) that his sentence is unconstitutional.

¶ 2. Finding no error, we…