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FLUKER v. STATE

No. 2007-CP-01068-COA.

2 So.3d 717 (2008)

Patrick FLUKER, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied February 24, 2009.

Attorney(s) appearing for the Case

Patrick Fluker, pro se, appellant.

Office of the Attorney General by Lisa Lynn Blount, attorney for appellee.

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

ISHEE, J., for the Court.

¶ 1. Patrick Fluker filed a pro se motion for post-conviction relief in the Circuit Court of Forrest County. The circuit court summarily dismissed Fluker's motion in a memorandum and order filed on June 5, 2007. Aggrieved, Fluker appeals asserting that his sentence illegally exceeded the statutory maximum under Mississippi Code Annotated section 97-3-73 (Rev.2006), and therefore, it was illegal for the circuit court to institute and...

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