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ROBERT v. STATE

No. 2007-CA-01292-COA.

52 So.3d 1233 (2011)

David Martin ROBERT, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

February 1, 2011.

Attorney(s) appearing for the Case

J. Stewart Parrish , Meridian, attorney for appellant.

Office of the Attorney General by Laura Hogan Tedder , attorney for appellee.

EN BANC.

BARNES, J., for the Court:

MODIFIED OPINION ON MOTION FOR REHEARING

¶ 1. The motion for rehearing is denied. The original opinion is withdrawn, and this opinion is substituted therefor.

¶ 2. A jury in the Circuit Court of Kemper County convicted David Martin Robert of depraved-heart murder. He was sentenced to life imprisonment in the custody of the Mississippi Department of Corrections. After Robert lost his direct appeal,

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