Tubby v. State

MYERS, P.J.,

for the Court:

¶ 1. Gary Tubby II was convicted by a jury sitting before the Neshoba County Circuit Court for burglary of a dwelling with intent to steal in violation of Mississippi Code Annotated section 97-17-23 (Supp.2009). The circuit court sentenced Tubby to eleven years in the custody of the Mississippi Department of Corrections. Tubby’s post-trial motion for a new trial was denied, and he perfected this appeal. Tubby herein claims that: (1) the circuit court erred in allowing the State to amend the indictment to correct the name of the owner of the dwelling; (2) there was…