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ALLEN v. STATE

No. 2004-KA-00906-COA.

960 So.2d 489 (2006)

Gary Dewayne ALLEN a/k/a Gary Wayne Allen, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

October 3, 2006.

Attorney(s) appearing for the Case

Thomas M. Matthews, Jr., Thomas M. Matthews, III, attorneys for appellant.

Office of the Attorney General by Deirdre McCrory, attorney for appellee.

EN BANC.

GRIFFIS, J., for the Court.

¶ 1. Gary Dewayne Allen was convicted of sexual battery and sentenced to serve twenty-five years in the custody of the Mississippi Department of Corrections. On appeal, Allen claims that the statute of limitations bars his prosecution. We disagree and affirm.

FACTS

¶ 2. In November of 2002, Michael Miles was a guest in Allen's home. While there, Miles looked around for a videotape to watch. Miles discovered a...

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