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Evans v. State6/21/2005
dingly, we find no merit in this argument.
. THE JUDGMENT OF THE CIRCUIT COURT OF NEWTON COUNTY OF CONVICTION OF FELONY SHOPLIFTING AND SENTENCE OF FOUR AND ONE HALF YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS IS REVERSED AND RENDERED BUT AFFIRMED ON THE LESSER-INCLUDED OFFENSE OF SECOND OFFENSE SHOPLIFTING AND REMANDED TO THE CIRCUIT COURT FOR RESENTENCING FOR SECOND OFFENSE SHOPLIFTING. ALL COSTS OF THIS APPEAL ARE ASSESSED TO NEWTON COUNTY.
KING, C.J., BRIDGES AND LEE, P.JJ., MYERS, CHANDLER, BARNES, AND ISHEE, JJ., CONCUR.
GRIFFIS, J., NOT PARTICIPATING.
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