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DIGGS v. STATE

No. 1999-CA-00132-SCT.

784 So.2d 955 (2001)

Samuel DIGGS v. STATE of Mississippi.

Supreme Court of Mississippi.

May 3, 2001.

Attorney(s) appearing for the Case

Walter E. Wood, Ridgeland, Attorney for Appellant.

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

Before PITTMAN, C.J., MILLS and COBB, JJ.

COBB, J., for the Court:

¶ 1. On September 22, 1995, Samuel Diggs was convicted of simple murder and aggravated assault and sentenced to life imprisonment. On June 10, 1998, Diggs filed a Petition for Out-Of-Time Appeal alleging, that his trial attorney failed to file for an appeal within the statutory time period. After an evidentiary hearing, the Madison County Circuit Court denied the petition. Diggs now appeals, raising the following issue:

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