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CARTER v. STATE

No. 1998-KA-01497-COA.

803 So.2d 1191 (1999)

Phillip CARTER, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

November 16, 1999.

Attorney(s) appearing for the Case

Richard Burdine, Columbus, Attorney for Appellant.

Scott Stuart, Office of the Attorney General, Columbus, Attorneys for Appellee.

BEFORE SOUTHWICK, P.J., LEE, AND PAYNE, JJ.

PAYNE, J., for the Court:

PROCEDURAL HISTORY

¶ 1. Phillip Carter was convicted in the Lowndes County Circuit Court on a charge of Violation of Health Department Quarantine Order. Carter was sentenced to five years in prison with the MDOC. Feeling aggrieved, Carter filed this appeal.

FACTS

¶ 2. On December 22, 1991, Phillip Carter tested positive for the HIV virus. On March 31, 1992, the Mississippi State Department

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