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CALDWELL v. STATE

No. 2007-KA-00970-SCT.

6 So.3d 1076 (2009)

Scott Oliver CALDWELL v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied April 30, 2009.

Attorney(s) appearing for the Case

Phillip Broadhead, Oxford, Leslie S. Lee, Jackson, William C. Bristow, Tupelo, Erin Elizabeth Pridgen, attorneys for appellant.

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

EN BANC.

GRAVES, Presiding Justice, for the Court.

¶ 1. Scott Oliver Caldwell was convicted of sexual battery in the Circuit Court of Lee County, Mississippi, and sentenced to thirty-five years to be served in the custody of the Mississippi Department of Corrections, with five years suspended and five years post-release supervision. Thereafter, Caldwell's post-trial motions were denied and he perfected this appeal.

FACTS

¶ 2. On July 19, 2005, a...

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