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McDOWELL v. STATE

No. 2000-KA-00521-SCT.

807 So.2d 413 (2001)

Gabriel McDOWELL a/k/a Gary McDowell v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied February 21, 2002.

Attorney(s) appearing for the Case

Thomas D. Berry, Jr., Bay St. Louis, Attorney for Appellant.

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

Before McRAE, P.J., COBB and DIAZ, JJ.

COBB, J., for the court.

¶ 1. On December 7, 1998, Gabriel McDowell was indicted in the Hancock County Circuit Court for the sale of cocaine. McDowell's first trial ended in a mistrial. In his second trial, McDowell was convicted and sentenced as a habitual offender to 30 years imprisonment without possibility of parole. Aggrieved, McDowell now appeals raising the following issues:

I. THE TRIAL COURT ERRED IN ALLOWING ADMISSION OF A PHOTO LINEUP...

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