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McCARTY v. STATE

No. 96-KA-01364 COA.

724 So.2d 487 (1998)

Toby R. McCARTY a/k/a Toby Ray McCarty, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

December 8, 1998.

Attorney(s) appearing for the Case

Merrida Coxwell, Jackson, Attorney for Appellant.

Office of the Attorney General by Pat Flynn, Attorney for Appellee.

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

THOMAS, P.J., for the Court:

¶ 1. Toby McCarty was convicted of possession of cocaine and sentenced to three years imprisonment as an habitual offender. On appeal, McCarty raises several assignments of error, but our disposition of the case is based on consideration of the following issue:

THE EVIDENCE WAS INSUFFICIENT TO SUPPORT THE VERDICT OF POSSESSION OF COCAINE BECAUSE THE STATE FAILED TO SHOW ADDITIONAL INCRIMINATING CIRCUMSTANCES OF GUILT.

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