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DIMAIO v. STATE

No. 2005-KA-00782-COA.

951 So.2d 581 (2006)

Joseph T. DIMAIO a/k/a JT, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied March 13, 2007.

Attorney(s) appearing for the Case

Alison Oliver Kelly, attorney for appellant.

Office of the Attorney General by W. Daniel Hinchcliff, attorney for appellee.

Before KING, C.J., SOUTHWICK and IRVING, JJ.

KING, C.J., for the Court.

¶ 1. On January 24, 2005, Joseph T. Dimaio was convicted by a Tallahatchie County Circuit Court jury of two counts of burglary of a church, two counts of petit larceny, and one count of felony malicious mischief. Dimaio raises the following issue on appeal, which we quote verbatim.

I. APPELLANT WAS DENIED A FUNDAMENTALLY FAIR TRIAL AS GUARANTEED BY THE UNITED STATES CONSTITUTION AND THE MISSISSIPPI CONSTITUTION. BECAUSE:

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