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JOHNSON v. STATE

No. 2003-KP-00487-COA.

924 So.2d 527 (2004)

Johnny Lee JOHNSON, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied November 1, 2005.

Attorney(s) appearing for the Case

Johnny Johnson, Pro Se.

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

Before SOUTHWICK, P.J., IRVING and GRIFFIS, JJ.

SOUTHWICK, P.J., for the Court.

¶ 1. On its own motion, this Court withdraws its former opinion in this appeal and substitutes the following. A Jefferson Davis County jury convicted Johnny Johnson of selling cocaine. On appeal, he claims that the imposition of a consecutive sentence on the eve of his completing a sentence on another crime was vindictive, harsh, and disproportionate, and that he was denied due process of law. We find no error and affirm.

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