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PRUETT v. STATE

No. 89-CA-0814.

574 So.2d 1342 (1990)

Marion Albert PRUETT v. STATE of Mississippi.

Supreme Court of Mississippi.

December 27, 1990.

Attorney(s) appearing for the Case

Clive A. Stafford Smith, Stephen B. Bright, Palmer Singleton, Atlanta, Ga., for appellant.

Mike C. Moore, Atty. Gen., Marvin L. White, Jr., Asst. Atty. Gen., Jackson, for appellee.

En Banc.

SULLIVAN, Justice, for the Court:

This appeal was argued on the same day as Wilson v. State, 574 So.2d 1324 (Miss. 1990), and 574 So.2d 1338 (Miss. 1990), and is controlled by our holding therein.

Mississippi Code Annotated § 99-15-17 (Supp. 1990), is not unconstitutional and this case is reversed and remanded for a proper hearing on expenses under the statute.

REVERSED...

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