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TUBBY v. STATE

No. 2009-KA-00596-COA.

65 So.3d 846 (2010)

Gary TUBBY, II, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied April 19, 2011.

Attorney(s) appearing for the Case

Julie Ann Epps , Canton, attorney for appellant.

Office of Attorney General by Jeffrey A. Klingfuss , Jackson, attorney for appellee.

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

MYERS, P.J., for the Court:

¶ 1. Gary Tubby II was convicted by a jury sitting before the Neshoba County Circuit Court for burglary of a dwelling with intent to steal in violation of Mississippi Code Annotated section 97-17-23 (Supp.2009). The circuit court sentenced Tubby to eleven years in the custody of the Mississippi Department of Corrections. Tubby's post-trial motion for a new trial was denied, and he perfected this appeal. Tubby herein claims that: (1...

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