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KITTRELL v. STATE

No. 1999-KA-01686-COA.

806 So.2d 1140 (2001)

Michael B. KITTRELL a/k/a Michael Brian Kittrell, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied November 13, 2001.

Certiorari Denied February 7, 2002.

Attorney(s) appearing for the Case

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

Office of the Attorney General by Jean Smith Vaughan, Jackson, Attorney for Appellee.

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

LEE, J., for the Court:

¶ 1. Michael B. Kittrell, the appellant, was indicted for possession of more than one kilogram of marijuana with intent to distribute, pursuant to Miss.Code Ann. § 41-29-139 (Supp.2000). Subsequently, the Circuit Court of Rankin County granted the State's ore tenus motion to proceed under the lesser-included offense of simple possession of marijuana in an amount of more than one ounce but less than a kilogram, of which Kittrell...

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