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OVERSTREET v. STATE

No. 2008-CP-01199-COA.

17 So.3d 621 (2009)

Gary W. OVERSTREET, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

September 15, 2009.

Attorney(s) appearing for the Case

Gary W. Overstreet, pro se.

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

Before KING, C.J., BARNES and CARLTON, JJ.

CARLTON, J., for the Court.

¶ 1. Gary W. Overstreet appeals from the dismissal of his post-conviction relief motion alleging that Circuit Court Judge Robert Helfrich should have recused himself from ruling on Overstreet's post-conviction relief motion because Judge Helfrich acted as a prosecutor at his guilty plea hearing. Finding merit in Overstreet's assignment of error, we reverse the circuit court's judgment and remand the case for

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