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JOHNSON v. STATE

No. 96-KA-01174COA.

721 So.2d 650 (1998)

Demarcus JOHNSON a/k/a Sonny Jake Johnson, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

August 4, 1998.

Attorney(s) appearing for the Case

Edward Dudley Lancaster, Houston, Appellant.

Michael C. Moore, Attorney General, Jean Smith Vaughan, Special Asst. Atty. Gen., for Appellee.

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

HERRING, Judge, for the Court:

¶ 1. Demarcus Johnson appeals his conviction in the Chickasaw County Circuit Court for aggravated assault. The trial court sentenced Johnson to serve fifteen years in the custody of the Mississippi Department of Corrections with five years suspended pending his good behavior and to pay the sum of $213 within six months from his release from prison. We reverse and remand for a new trial.

I. THE FACTS

¶ 2. Joseph...

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