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SMITH v. STATE

No. 2008-KA-00494-COA.

3 So.3d 815 (2009)

Frank SMITH, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

February 24, 2009.

Attorney(s) appearing for the Case

Leslie S. Lee, Jackson, for appellant.

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

Before LEE, P.J., GRIFFIS and BARNES, JJ.

LEE, P.J., for the Court.

PROCEDURAL HISTORY

¶ 1. Frank Smith was found guilty by a jury in the Circuit Court of Pike County of possession of at least one tenth but less than two grams of cocaine with intent to distribute. Smith was sentenced as a habitual offender to life without eligibility for parole or early release. Smith made a motion for a judgment notwithstanding the verdict (JNOV) or, in the alternative, a new trial, which was denied by the...

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