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NEWBERRY v. STATE

No. 2010-KA-01729-COA.

85 So.3d 884 (2011)

Ray Allen NEWBERRY a/k/a Raymond Allen Newberry a/k/a Raymond Allen Wright, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied April 17, 2012.

Attorney(s) appearing for the Case

Leslie S. Lee , Jackson, Mollie Marie McMillin , attorneys for appellant.

Office of the Attorney General by Deirdre McCrory , attorney for appellee.

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

MAXWELL, J., for the Court:

¶ 1. A jury in the Harrison County Circuit Court found Ray Allen Newberry guilty of cocaine possession. The circuit court sentenced him as a habitual offender to life imprisonment without eligibility for parole or probation. Though the State had moved to amend his indictment to seek habitual-offender status six days in advance of trial, the circuit judge held the motion in abeyance and did not grant the amendment until after trial...

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