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CAGLER v. STATE

No. 2001-KA-01900-COA.

844 So.2d 487 (2003)

Ronald CAGLER, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

April 8, 2003.

Attorney(s) appearing for the Case

James L. Gray, Picayune, for appellant.

Office of the Attorney General by Scott Stuart, for appellee.

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

BRIDGES, J., FOR THE COURT:

¶ 1. On June 6, 2000, the grand jury of Pearl River County indicted Ronald Cagler for the offense of simple possession of.5 gram of cocaine. In April 2001, the assistant district attorney made a motion to amend the indictment to charge Cagler as a second or subsequent offender under section 41-29-147 of the Mississippi Code of 1972. This motion was not heard until the day of the trial, October 18, 2001. However, before trial Cagler...

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