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SMITH v. STATE

No. 2017-KA-01494-COA.

275 So.3d 100 (2019)

Rashad J. SMITH a/k/a Rashad Jamale Smith a/k/a Rashad Smith a/k/a Twin, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

May 28, 2019.

Attorney(s) appearing for the Case

ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: GEORGE T. HOLMES .

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALICIA AINSWORTH .

BEFORE CARLTON, P.J., LAWRENCE AND C. WILSON, JJ.

¶1. Rashad Smith was tried in Lincoln County Circuit Court on a two-count indictment. Prior to trial, the court granted the State's motion to amend the indictment to allege Smith's habitual-offender status, but a written order amending the indictment was not entered. A nolle prosequi order was subsequently entered...

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