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Doss v. State

August 18, 1998

REGINALD DOSS, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before Thomas, P.j., Hinkebein, King, And Southwick, JJ.

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

Doss v. State, 97-KA-00735-COA

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

DATE OF JUDGMENT: 06/06/97

TRIAL JUDGE: HON. W. SWAN YERGER

COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: GRAND LARCENY: SENTENCED TO SERVE A TERM OF 5 YEARS IN THE CUSTODY OF THE MDOC; CAUSE TO RUN CONSECUTIVE TO 94-3-344

DISPOSITION AFFIRMED

Reginald Doss was convicted in the Circuit Court of the First Judicial District of Hinds County of grand larceny. For his offense, Doss was sentenced to a term of five years in the custody of the Mississippi Department of Corrections. Aggrieved by his conviction, Doss appeals to this Court on the following grounds:

I. THE TRIAL COURT ERRED BY FAILING TO SUPPRESS THE IN COURT IDENTIFICATION OF DOSS BECAUSE THE PRIOR SUGGESTIVE AND IMPROPER SINGLE PHOTO LINE UP WAS SO IMPERMISSIBLY SUGGESTIVE THAT IT GAVE RISE TO A VERY SUBSTANTIAL LIKELIHOOD OF IRREPARABLE MISIDENTIFICATION.

II. THE TRIAL COURT ERRED BY REFUSING TO GIVE DEFENSE INSTRUCTION D-15, AN ACCOMPLICE CAUTIONARY INSTRUCTION.

Holding these assignments of error to be without merit, we affirm the judgment ...


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