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GARDNER v. STATE

No. 2014-KA-01482-SCT.

178 So.3d 714 (2015)

Michael Deark GARDNER a/k/a Yakim Ananian El Bey a/k/a Ananian El Bey a/k/a Yakim El Bey v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied December 3, 2015.

Attorney(s) appearing for the Case

Office of the State Public Defender by Lisa D. Collums , Angela B. Blackwell , attorneys for appellant.

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

Before WALLER, C.J., LAMAR and PIERCE, JJ.

¶ 1. Michael Gardner was tried and convicted of possession of more than thirty grams but less than one kilogram of marijuana, with intent to distribute. The trial judge sentenced him to ten years, day for day, as an enhanced habitual offender.1 Gardner appeals, arguing that "a penalty...

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