PAYNE v. STATE

No. 54904.

462 So.2d 902 (1984)

Robert PAYNE v. STATE of Mississippi.

Supreme Court of Mississippi.

November 7, 1984.


Attorney(s) appearing for the Case

John T. Cotter, Pascagoula, for appellant.

Bill Allain, Atty. Gen. by Charles W. Maris, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, C.J., and HAWKINS and PRATHER, JJ.


PRATHER, Justice, for the Court:

The constitutionality of sentence is challenged by this appeal from the Jackson County Circuit Court. Robert Payne was convicted of possession of a controlled substance, marijuana, with intent to distribute, and sentenced to seven years in the Mississippi Department of Corrections of which two years would be suspended upon payment of a $3,000.00 fine.

Payne assigns as error:

(1) the trial court's refusal to grant a...

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