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SMITH v. STATE

No. 2000-KA-01250-COA.

800 So.2d 535 (2001)

James Earl SMITH, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

November 13, 2001.

Attorney(s) appearing for the Case

Raymond M. Baum, Winona, for Appellant.

Office of the Attorney General by Deirdre McCrory, for Appellee.

Before SOUTHWICK, P.J., IRVING, and MYERS, JJ.

MYERS, J., for the Court.

¶ 1. Smith was convicted in the Circuit Court of Carroll County on the charge of escape in violation of Miss.Code Ann. § 97-9-49 (Rev. 2000) and was sentenced to a term of five years in the custody of the Mississippi Department of Corrections. Aggrieved by the judgment, Smith now appeals the trial court's denial of his motion for JNOV or new trial, the denial of one of his jury instructions and he claims he received an illegal sentence...

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