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Smith v. State

June 30, 1998

SMITH
v.
STATE



Before Thomas, P.j., Hinkebein, And Payne, JJ.

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

LEANDER SMITH A/K/A LEE ANDREW SMITH A/K/A TIGER, APPELLANT v. STATE OF MISSISSIPPI, APPELLEE

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

DATE OF JUDGMENT: 09/27/96

TRIAL JUDGE: HON. JOHN LESLIE HATCHER

COURT FROM WHICH APPEALED: QUITMAN COUNTY CIRCUIT COURT

BY: JEFFREY A. KLINGFUSS

DISTRICT ATTORNEY: GLENN ROSSI

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: GUILTY OF BURGLARY OF A BUILDING AND SENTENCED, AS HABITUAL OFFENDER, TO SERVE A TERM OF SEVEN YEARS IN MDOC

PROCEDURAL POSTURE

The Appellant, Leander Smith, was convicted of the crime of burglary pursuant to Miss. Code Ann. § 97-17-33 (Rev. 1994) and sentenced as a habitual offender under Miss. Code Ann. § 99-19-81 (Rev. 1994) to a term of seven years in the custody of the Mississippi Department of Corrections. Smith's motion for JNOV or, in the alternative, a new trial was denied. After a thorough review of the briefs and record, we find no error and affirm the circuit court.

FACTS

In the early morning hours of April 16, 1996, Brenda's Place Restaurant located in Marks, Mississippi, was unlawfully entered through a vent pipe from the roof of the establishment. The burglar took certain specific items, namely coin money, Coca Cola soft drinks, Soft & Gentle brand toilet tissue, and steak knives. The soft drinks and toliet ...


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