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STEWART v. STATE

No. 2010-KA-00309-COA.

69 So.3d 768 (2011)

Michael STEWART, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

March 22, 2011.

Attorney(s) appearing for the Case

Benjamin Allen Suber , attorney for appellant.

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

Before IRVING, P.J., BARNES and MAXWELL, JJ.

BARNES, J., for the Court:

¶ 1. Michael Stewart was convicted of attempted escape by force or violence and sentenced to five years in the custody of the Mississippi Department of Corrections (MDOC) as a habitual offender without eligibility for parole or probation. After the circuit court's denial of his motion for a judgment notwithstanding the verdict (JNOV) or, in the alternative, a new trial, Stewart now appeals the single issue of the denial of his motion...

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