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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2005-KA-01735-COA

DONALD KEITH BURTON A/K/A DONALD WAYNE BURTON v. STATE OF MISSISSIPPI

APPELLANT

APPELLEE

DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEY FOR APPELLANT: ATTORNEY FOR APPELLEE: DISTRICT ATTORNEY: NATURE OF THE CASE: TRIAL COURT DISPOSITION:

4/1/2004 HON. TOMIE T. GREEN HINDS COUNTY CIRCUIT COURT AAFRAM YAPHET SELLERS OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY ELEANOR JOHNSON PETERSON CRIMINAL - FELONY CONVICTED OF KIDNAPPING IN COUNT I AND SENTENCED TO SERVE A TERM OF TWENTY-FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH TWENTY YEARS TO SERVE, FIVE YEARS SUSPENDED, AND FIVE YEARS OF SUPERVISED PROBATION, AS A HABITUAL OFFENDER; CONVICTED OF ARMED ROBBERY IN COUNT II AND SENTENCED TO SERVE A TERM OF TWENTY-FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH TWENTY YEARS TO SERVE, FIVE YEARS SUSPENDED, AND FIVE YEARS OF SUPERVISED PROBATION, AS A HABITUAL OFFENDER, SAID SENTENCE TO RUN CONSECUTIVELY TO THE SENTENCE IN COUNT I; CONVICTED OF RAPE IN COUNT III AND SENTENCED TO SERVE A TERM OF TWENTY-FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH TWENTY YEARS TO SERVE, FIVE YEARS

DISPOSITION: MOTION FOR REHEARING FILED: MANDATE ISSUED:

SUSPENDED, AND FIVE YEARS OF SUPERVISED PROBATION, AS A HABITUAL OFFENDER, SAID SENTENCE TO RUN CONSECUTIVELY TO THE SENTENCES IN COUNTS I AND II AFFIRMED

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