Earl Young a/k/a Earl Montreal Young v. State of Mississippi

Summary

The court held that Young's failure to challenge the defective habitual-offender indictment in the trial court waived that issue on appeal. It nevertheless reviewed the legality of his sentence for plain error and concluded that the State failed to prove the prior convictions required for habitual-offender sentencing with competent evidence. The court reversed the habitual-offender sentence and remanded for resentencing as a nonhabitual offender, holding that double jeopardy barred the State from receiving a second opportunity to prove habitual-offender status.