Johnson v. State. The Miss. Ct. of Appeals held that it was not error to amend the indictment to charge Johnson as an habitual after the trial began. “Williams has offered no evidence to show he was ‘unfairly surprised’ by the amendment or that he was unable to present a defense. Furthermore, since an amendment charging a defendant as a habitual offender does not affect the substance of the crime charged, but only the sentencing, Williams’s defense to the sale-of-cocaine charge was unaffected by the amendment.” Williams filed a pro se petition for cert which was granted on Aug. 22, 2013. Williams’ supp. brief. State’s supp. brief.