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SMITH v. STATE

No. 2004-CA-01194-COA.

933 So.2d 1008 (2006)

James Buster SMITH, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

July 18, 2006.

Attorney(s) appearing for the Case

James D. Mino, attorney for appellant.

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

Before MYERS, P.J., SOUTHWICK and BARNES, JJ.

BARNES, J., for the Court.

¶ 1. James "Buster" Smith appeals from the judgment of the Circuit Court of Chickasaw County dismissing his motion for post-conviction relief for lack of jurisdiction. We find that the circuit court correctly applied the plain language of Mississippi Code Annotated Section 99-39-5(2) in dismissing Smith's motion. Accordingly, we affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY...

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