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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2006-KA-00216-COA

JOHN ALLEN BERRY 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:

DISPOSITION: MOTION FOR REHEARING FILED: MANDATE ISSUED:

1/30/2006 HON. ROBERT P. CHAMBERLIN DESOTO COUNTY CIRCUIT COURT DAVID CLAY VANDERBURG OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS JOHN W. CHAMPION CRIMINAL - FELONY CONVICTED OF COUNT I, CONSPIRACY TO ILLEGALLY POSSESS PRECURSOR CHEMICALS AND CONVICTED OF COUNT II, POSSESSION OF FIFTEEN GRAMS OR MORE OF PSEUDOEPHEDRINE OR EPHEDRINE, KNOWING OR UNDER CIRCUMSTANCES WHERE ONE REASONABLY SHOULD KNOW THAT THE CHEMICALS WOULD BE USED TO MANUFACTURE A CONTROLLED SUBSTANCE. SENTENCED TO FIVE YEARS, $1,000 FINE, AND $100 RESTITUTION ON COUNT II; AND TWO YEARS, WITH THREE YEARS OF POST-RELEASE SUPERVISION ON COUNT I, WITH THE SENTENCE FOR COUNT I RUNNING CONSECUTIVELY TO THE SENTENCE FOR COUNT II, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. REVERSED AND RENDERED

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