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OSBY v. STATE

No. 2012-KA-01743-COA.

139 So.3d 98 (2013)

Charlie OSBY a/k/a Charles M. Osby a/k/a "Slim", Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied May 27, 2014.

Attorney(s) appearing for the Case

Office of State Public Defender by George T. Holmes , Erin Elizabeth Pridgen , attorneys for appellant.

Office of the Attorney General by Billy L. Gore , attorneys for appellee.

Before IRVING, P.J., ROBERTS and JAMES, JJ.

JAMES, J., for the Court:

¶ 1. Charlie Osby was convicted by a jury in the Pike County Circuit Court of burglary of a building. Osby now appeals, arguing he received ineffective assistance of counsel where his attorney failed to request a circumstantial-evidence jury instruction. Finding the evidence did not support the giving of a circumstantial-evidence instruction, we affirm.

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