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[T] Jenkins v. State

May 12, 1998

ADRIAN JENKINS, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before McMILLIN, P.j., Diaz, And King, JJ.

The opinion of the court was delivered by: Diaz, J., For The Court:

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 11/01/96

TRIAL JUDGE: HON. JANNIE M. LEWIS

COURT FROM WHICH APPEALED: HUMPHREYS COUNTY CIRCUIT COURT

BY: LESLIE S. LEE

DISTRICT ATTORNEY: JAMES H. POWELL, III

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: CT I THRU CT III FELONY SHOPLIFTING: SENTENCED TO 5 YRS TO SERVE IN THE CUSTODY OF THE MDOC ON EACH OF THE THREE COUNTS; SAID THREE FIVE YEAR SENTENCES ARE TO RUN CONCURRENT EACH WITH THE OTHER

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Adrian Jenkins was convicted of three counts of felony shoplifting. He was subsequently sentenced to five years for each count, all sentences to run concurrently. During the trial, a State's witness testified to evidence which had been ruled inadmissible in a pre-trial motion in limine. Jenkins moved for a mistrial, which the Judge denied. Although the Judge denied the motion for a mistrial, she did admonish the jury to disregard the statement in order to cure ...


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