PAYTON v. STATE

No. 2004-KA-00566-COA.

937 So.2d 462 (2006)

Henry C. PAYTON, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied June 6, 2006.


Attorney(s) appearing for the Case

Imhotep Alkebu-Lan, Chokwe Lumumba, Jackson, attorneys for appellant.

Office of the Attorney General by Scott Stuart.

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


BARNES, J., for the Court.

¶ 1. Henry C. Payton, on retrial, was convicted of armed robbery and arson on September 7, 2001. The Mississippi Supreme Court affirmed both convictions and the sentence as to arson, but reversed the sentence as to armed robbery and remanded the case for resentencing as to that count. From this resentencing, Payton appeals, arguing that the judge who resentenced him should have remained recused for all purposes in the case. We agree...

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