GARDNER v. STATE

No. 59655.

547 So.2d 806 (1989)

Jackie GARDNER v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied August 16, 1989.


Attorney(s) appearing for the Case

W.S. Moore, Moore & Stewart, Jackson, for appellant.

Mike Moore, Atty. Gen. by W. Glenn Watts, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, C.J., and PRATHER and ROBERTSON, JJ.


ROBERTSON, Justice, for the Court:

Following our remand for resentencing, Gardner v. State, 531 So.2d 805, 808, 810 (Miss. 1988), Jackie Gardner reappeals to this Court and challenges his new misdemeanor sentence of six months imprisonment and payment of a $1,000.00 fine as having been imposed at a time when the Circuit Court had no jurisdiction because it had not received the mandate from this Court on his prior appeal....

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