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BERRY v. STATE

No. 2003-KA-01181-COA.

907 So.2d 1011 (2005)

Johnny BERRY, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied August 2, 2005.

Attorney(s) appearing for the Case

Phillip Broadhead, Gary Goodwin, attorneys for appellant.

Office of the Attorney General by John R. Henry, attorney for appellee.

Before KING, C.J., IRVING and MYERS, JJ.

KING, C.J., for the Court.

¶ 1. Johnny Berry was convicted by the Lowndes County Circuit Court of uttering forgery. Convicted as an habitual offender, Berry was sentenced to life imprisonment. Aggrieved by his conviction and sentence, Berry appeals and raises the following issues: (1) whether the trial court improperly allowed an amendment of the indictment to charge habitual status; (2) whether his sentence of life was disproportional to the crime of uttering...

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