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BERGERON v. STATE

No. 2009-CA-01722-COA.

60 So.3d 212 (2011)

James Lynwood BERGERON, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

April 19, 2011.

Attorney(s) appearing for the Case

Daniel Wesley Kitchens , attorney for appellant.

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

EN BANC.

BARNES, J., for the Court:

¶ 1. James Lynwood Bergeron appeals the Adams County Circuit Court's denial of his motion for post-conviction relief, claiming that he was erroneously sentenced as a habitual offender. Upon review, we find that the record does not support Bergeron's status as a habitual offender. We reverse the circuit court's denial of the motion and remand this case for re-sentencing.

SUMMARY OF FACTS AND PROCEDURAL HISTORY

¶...

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