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ROBERTS v. STATE

No. 57476.

519 So.2d 896 (1988)

Randy James ROBERTS v. STATE of Mississippi.

Supreme Court of Mississippi.

February 3, 1988.

Attorney(s) appearing for the Case

Donald J. Rafferty, Gulfport, for appellant.

Edwin Lloyd Pittman and Mike Moore, Attys. Gen. by Deirdre D. McCrory, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before DAN M. LEE, P.J., and SULLIVAN and ANDERSON, JJ.

DAN M. LEE, Presiding Justice, for the Court:

Randy James Roberts was indicted on April 22, 1985, by a Harrison County grand jury for burglary of a dwelling pursuant to Miss. Code Ann. § 97-17-19 (1972). He was convicted after a jury trial and sentenced as an habitual criminal to a term of ten (10) years without benefit of parole. Mr. Roberts appeals his conviction and sentence to this Court.

Under the authority of Morea v. State,

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