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KIZART v. STATE

No. 2000-KA-00805-COA.

795 So.2d 582 (2001)

Donald KIZART, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

September 18, 2001.

Attorney(s) appearing for the Case

Raymond L. Wong, Cleveland, for Appellant.

Office of the Attorney General by W. Glenn Watts, for Appellee.

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

MYERS, J., for the Court:

¶ 1. Donald Kizart was convicted by a Bolivar County jury on one count of attempted car jacking. He was subsequently sentenced to five years in the custody of the Mississippi Department of Corrections, with two years suspended. On appeal, he makes three assignments of error:

I. THE TRIAL COURT COMMITTED ERROR IN REFUSING TO GIVE JURY INSTRUCTION D-2 ON ABANDONMENT WHERE THERE WAS AN EVIDENTIARY BASIS FOR THE INSTRUCTION AND IT...

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