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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2006-KA-02044-COA NANCY BYRD AND WENDY GAYLE (GAIL) BYRD MILLER v. STATE OF MISSISSIPPI APPELLEE APPELLANTS

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

11/3/2006 HON. LESTER F. WILLIAMSON, JR. KEMPER COUNTY CIRCUIT COURT LESLIE S. LEE OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS BILBO MITCHELL CRIMINAL - FELONY NANCY BYRD-CONVICTED OF AGGRAVATED ASSAULT AND ORDERED TO SERVE FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH TWELVE YEARS SUSPENDED AND FIVE YEARS OF POST-RELEASE SUPERVISION AND PAY $750 RESTITUTION TO THE VICTIM'S COMPENSATION FUND. WENDY MILLERCONVICTED OF COUNT I, AGGRAVATED ASSAULT, AND ORDERED TO SERVE FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH TWELVE YEARS SUSPENDED AND FIVE YEARS OF POST-RELEASE SUPERVISION AND PAY $750 RESTITUTION TO THE VICTIM'S COMPENSATION FUND; CONVICTED OF COUNT II, FELON IN POSSESSION OF A FIREARM, AND ORDERED TO SERVE THREE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH TWO YEARS SUSPENDED AND FIVE YEARS OF POST-RELEASE SUPERVISION; THE SENTENCE IN COUNT II TO RUN CONSECUTIVELY TO COUNT I WITH THE POST-RELEASE SUPERVISION FOR BOTH COUNTS TO RUN CONCURRENTLY

DISPOSITION: MOTION FOR REHEARING FILED: MANDATE ISSUED:

AFFIRMED - 03/18/2008

BEFORE LEE, P.J., CHANDLER AND BARNES, JJ. LEE, P.J., FOR THE COURT: FACTS

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