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EPTING v. STATE

No. 96-KA-00998 COA.

720 So.2d 487 (1998)

Emeilio EPTING a/k/a Emeilio Alahundra Epting, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

July 21, 1998.

Attorney(s) appearing for the Case

R.K. Houston, Bay Springs, for Appellant.

Michael C. Moore, Attorney General, Charles W. Maris, Jr., Sp. Asst. Attorney District, Jackson, for Appellee.

Before THOMAS, P.J., and DIAZ, and HERRING, JJ.

DIAZ, J.

¶ 1. Emeilio Epting was convicted of a drive-by shooting and sentenced to five years in prison. From this conviction, he perfects his appeal to this Court and argues that the trial court erred (1) in refusing to accept his guilty plea, (2) in denying his "aggravated assault" jury instruction, and (3) in refusing to grant a mistrial based upon a witness's prejudicial statement. Finding his arguments without merit, we affirm.

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