JACKSON, Miss. (WTVA) -- The Mississippi Supreme Court has upheld a lower court ruling ordering a new sentencing hearing in a grand larceny case from Lowndes County.
Tyrone Hairston, 48, of Columbus was found guilty of grand larceny in March of 2010 of taking $1,200 from a family member.
He was later arrested at a local motel and the money was recovered.
During his trial, Hairston said he took the money for safe keeping because the family member has passed out while drinking.
The day after he was found guilty, the prosecution made a motion to amend the indictment to include habitual offender status and he was sentenced under the amended charge.
The Mississippi Court of Appeals ruled in January the indictment could not be amended after the guilty verdict was reached and ordered the case back to Lowndes County Circuit Court for another sentencing hearing.
Prosecutors appealed the the state's highest court and they agreed to review the case in August.
On Thursday, the court ruled the appeal was moot and ordered it back to Lowndes County for a new sentencing hearing.