McCain v. State

ON WRIT OF CERTIORARI.

RANDOLPH, Justice,

for The Court.

¶ 1. Kevin Dale McCain was convicted of robbery pursuant to Mississippi Code Sec*1057tion 97-3-73. See Miss.Code Ann. § 97-3-73 (Rev.2006). On writ of certiorari, we address the permissibility, vel non, of a post-conviction amendment of McCain’s indictment to include habitual-offender status.

¶2. In Gowdy v. State, 56 So.3d 540 (Miss.2011), this Court held a post-conviction amendment of an indictment to include habitual-offender status “was prohibited!;,]” such that the “enhanced portion” of Gowdy’s sentence was vacated and his case was remanded…