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BURK v. STATE

No. 57720.

506 So.2d 993 (1987)

James David BURK v. STATE of Mississippi.

Supreme Court of Mississippi.

April 29, 1987.

Attorney(s) appearing for the Case

Douglas R. Ainsworth, Gulfport, for appellant.

Edwin Lloyd Pittman, Atty. Gen. by DeWitt Allred, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, P.J., and DAN M. LEE and SULLIVAN, JJ.

DAN M. LEE, Justice, for the court:

Appellant James David Burk was convicted in the Circuit Court of Harrison County on two counts of aggravated assault and one count of burglary of an occupied dwelling in the nighttime armed with a deadly weapon. He was sentenced as an habitual offender to twenty (20) years on each count of aggravated assault to run concurrently with a twenty-five (25) year sentence on the burglary.

Burk has assigned two errors. He first...

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