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IN THE SUPREME COURT OF MISSISSIPPI NO. 95-CA-00896-SCT ANGELO HERNTON v. STATE OF MISSISSIPPI THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEY FOR APPELLANT: ATTORNEY FOR APPELLEE: 08/07/95 HON. GRAY EVANS LEFLORE COUNTY CIRCUIT COURT PRO SE OFFICE OF THE ATTORNEY GENERAL BY: DEWITT ALLRED, III FRANK CARLTON CIVIL - POST CONVICTION RELIEF REVERSED AND REMANDED - 10/23/97 11/13/97

DISTRICT ATTORNEY: NATURE OF THE CASE: DISPOSITION: MOTION FOR REHEARING FILED: MANDATE ISSUED:

BEFORE SULLIVAN, P.J., ROBERTS AND SMITH, JJ. SULLIVAN, PRESIDING JUSTICE, FOR THE COURT:

Hernton was indicted on February 3, 1995, for feloniously taking possession of three (3) pairs of pants from Cato's Department Store on January 2, 1995, and five (5) cartons of film from Wal-Mart on October 14, 1995. Hernton had previously been convicted for two counts of shoplifting on July 28, 1988, and one count of shoplifting on January 10, 1990. Since Hernton's previous three offenses for shoplifting occurred within seven (7) years of the January 2, 1995, and October 14, 1994, offenses, Hernton was charged under sections 97-23-93(6) and 99-19-81 of the Mississippi Code as a habitual offender. A conviction under section 97-23-93(6) carries with it a fine of not more than $1, 000 or up to five (5) years imprisonment, or both. Miss. Code Ann.

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