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McGILVERY v. STATE

No. 58279.

540 So.2d 41 (1989)

Sherman McGILVERY v. STATE of Mississippi.

Supreme Court of Mississippi.

March 8, 1989.

Attorney(s) appearing for the Case

Thomas E. Schwartz, Gray, Montague & Pittman, Hattiesburg, for appellant.

Mike Moore, Atty. Gen. by DeWitt Allred, Sp. Asst. Atty. Gen., Jackson, for appellee.

En Banc.

HAWKINS, Presiding Justice, for the Court:

This case originally came to us on appeal in McGilvery v. State, 497 So.2d 67 (Miss. 1986), in which McGilvery appealed his conviction in the circuit court of Forrest County of armed robbery and sentence to forty-five years. We affirmed his conviction but remanded for the circuit judge to justify by record the reason for the disparity in the sentence given McGilvery and the twenty...

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