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FOSTER v. STATE

No. 2004-KA-01470-COA.

928 So.2d 873 (2005)

James Stanley FOSTER, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied February 14, 2006.

Attorney(s) appearing for the Case

Thomas H. Comer, Booneville, attorney for appellant.

Office of the Attorney General by Billy L. Gore, attorney for appellee.

Before BRIDGES, P.J., MYERS and CHANDLER, JJ.

BRIDGES, P.J., for the Court.

¶ 1. James Stanley Foster's appeal follows his conviction in the Prentiss County Circuit Court. A jury found Foster guilty of possession of 73.7 grams of marijuana with intent to distribute. Due to Foster's proximity to a public park, his conviction carried an enhanced sentence pursuant to Miss.Code Ann. § 41-29-142(1)(Rev.2001). Additionally, the circuit court sentenced Foster as a habitual offender under Miss. Code Ann. &...

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