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SMITH v. STATE

No. 98-KA-00430-COA.

749 So.2d 1179 (1999)

Gerry L. SMITH, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

August 17, 1999.

Attorney(s) appearing for the Case

Robert T. Laster, Jr., Grenada, Attorney for Appellant.

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

BEFORE SOUTHWICK, P.J., BRIDGES, AND IRVING, JJ.

BRIDGES, J., for the Court:

¶ 1. Gerry L. Smith was indicted by a Grenada County Grand Jury for commercial burglary as a habitual offender. He was subsequently convicted on this charge by a jury. The trial judge dismissed the habitual offender portion of the indictment and sentenced Smith to serve a term of seven years in the custody of the Mississippi Department of Corrections. Smith's motion for JNOV or, in the alternative, a new trial was denied. Aggrieved...

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