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SMITH v. STATE

No. 97-KA-01234 COA.

736 So.2d 381 (1999)

James SMITH a/k/a James Martin Smith, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied April 20, 1999.

Certiorari Denied June 10, 1999.

Attorney(s) appearing for the Case

Thomas M. Fortner, Robert M. Ryan, Nathan Henry Elmore, Jackson, Attorneys for Appellant.

Office of the Attorney General by Dewitt T. Allred III, Attorney for Appellee.

BEFORE THOMAS, P.J., COLEMAN, and DIAZ, JJ.

DIAZ, J., for the Court:

¶ 1. James Smith was convicted of a third offense of driving under the influence of intoxicating liquor. From this conviction, he perfects his appeal to this Court and argues that the trial court erred (1) in denying his request for a bifurcated trial and (2) in violating his protection against double jeopardy. Finding his arguments without merit, we affirm.

FACTS

¶ 2. In the early morning hours of July 21, 1996...

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