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MITCHELL v. STATE

No. 98-KA-00199-COA.

754 So.2d 519 (1999)

David Gerome MITCHELL, a/k/a "Bayrome", Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

November 16, 1999.

Attorney(s) appearing for the Case

Scott Watson Weatherly, Jr., Gulfport, Attorney for Appellant.

Office of the Attorney General by Jean Smith Vaughan, Attorney for Appellee.

EN BANC.

IRVING, J., for the Court:

¶ 1. David Gerome Mitchell was convicted in the Circuit Court of Harrison County as a habitual offender of possession of cocaine with intent to distribute. Feeling aggrieved, he appeals and raises the following issues which are taken verbatim from his brief:

I. THE LOWER COURT ERRED IN NOT SUSTAINING MITCHELL'S MOTION FOR A DIRECTED VERDICT AS THE EVIDENCE WAS INSUFFICIENT TO SUPPORT THE STATE'S THEORY OF CONSTRUCTIVE POSSESSION...

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