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EVANS v. STATE

No. 2005-KA-01802-COA.

957 So.2d 430 (2007)

Wilbur Lee EVANS a/k/a Wilbur Willie Lee Evans a/k/a Wilbur Jones a/k/a Wilbert Jones, Jr. a/k/a Grace, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

May 29, 2007.

Attorney(s) appearing for the Case

Craig Andrew Conway, Attorney for Appellant.

Office of the Attorney General by Deirdre McCrory, Attorney for Appellee.

Before KING, C.J., CHANDLER AND ISHEE, JJ.

CHANDLER, J., for the Court.

¶ 1. A Lauderdale County jury convicted Wilbur Lee Evans of armed robbery. The Circuit Court of Lauderdale County sentenced Evans as a habitual offender to life in the custody of the Mississippi Department of Corrections. Evans appeals, arguing that the trial court erroneously granted the State's motion to amend the indictment to charge Evans as a habitual offender and that the trial court erred in refusing a cautionary jury instruction...

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