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WINGATE v. STATE

No. 1999-KA-00608-COA.

794 So.2d 1039 (2001)

Garth WINGATE, Jr., Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied June 19, 2001.

Certiorari Denied September 20, 2001.

Attorney(s) appearing for the Case

Dan W. Duggan, Jr., Brandon, Vicki Lachney Gilliam, Jackson, Attorneys for Appellant.

Office of the Attorney General by Billy L. Gore, Attorneys for Appellee.

Before McMILLIN, C.J., BRIDGES, and MYERS, JJ.

BRIDGES, J., for the Court:

¶ 1. Garth Allen Wingate, Jr. was convicted on one count of robbery and one count of aggravated assault in the Rankin County Circuit Court. Wingate appeals, alleging the following errors in the court below:

I. THE TRIAL COURT ERRED BY FAILING TO SUPPRESS BOTH THE OUT-OF-COURT IDENTIFICATION OF WINGATE BY STEVERSON AND THE SUBSEQUENT IN COURT IDENTIFICATION BECAUSE THE PRIOR SUGGESTIVE...

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