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RICE v. STATE

No. 2011-KA-00917-COA.

172 So.3d 768 (2013)

Timothy RICE a/k/a Timothy L. Rice, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied May 7, 2013.

Attorney(s) appearing for the Case

George T. Holmes , Jackson, Benjamin A. Suber , attorneys for appellant.

Office of the Attorney General by W. Glenn Watts , attorney for appellee.

Before IRVING, P.J., ISHEE and ROBERTS, JJ.

¶ 1. This is a criminal case regarding whether an indictment may be amended on the first day of trial to charge the defendant as a habitual offender. Timothy Rice was indicted for the sale of cocaine. Five days before the trial, the State filed a motion to amend the indictment to include Rice's habitual-offender status...

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