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SPENCER v. STATE

No. 2004-KA-02469-COA.

944 So.2d 90 (2006)

Robert Earl SPENCER a/k/a Earl Spencer a/k/a James Spencer, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied August 29, 2006.

Certiorari Denied December 7, 2006.

Attorney(s) appearing for the Case

Kent E. Smith, Holly Springs, attorney for appellant.

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

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

GRIFFIS, J., for the Court.

¶ 1. Robert Earl Spencer was indicted and tried on charges of aggravated assault, armed robbery, and felon in possession of a firearm. The jury convicted Spencer of felon in possession of a firearm, in violation of Mississippi Code Annotated section 97-37-5(1) (Rev.2000). The jury was unable to reach verdicts on aggravated assault and armed robbery. Spencer was sentenced as an habitual offender to serve a term of life in prison, without...

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