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IN THE SUPREME COURT OF MISSISSIPPI NO. 94-KP-00438-SCT BRUCE A. HUNTER a/k/a BRUCE ALVIN HUNTER a/k/a SILKY 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: 03/22/94 HON. KATHY KING JOHNSON JACKSON COUNTY CIRCUIT COURT PRO SE OFFICE OF THE ATTORNEY GENERAL BY: WAYNE SNUGGS CRIMINAL - POST CONVICTION RELIEF AFFIRMED - 1/23/97

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

BEFORE SULLIVAN, P.J., PITTMAN AND BANKS, JJ. PITTMAN, JUSTICE, FOR THE COURT:

Bruce A. Hunter appeals the denial of his motion for post-conviction relief in the Circuit Court of Jackson County. The motion was denied under the res judicata provision of the Mississippi Uniform Post-Conviction Collateral Relief Act (the Act). The trial judge held that because the issue raised for post-conviction relief was also raised on direct appeal and affirmed by this Court, res judicata prevented Hunter from pursuing this issue under the Act. The court further stated that if, assuming arguendo, the issue was not precluded by res judicata, the petitioner did not raise the issue of the illegality of his probation sentence under Miss. Code Ann.

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