Gardner v. State

ROBERTSON, Justice,

for the Court:

Following our remand for resentencing, Gardner v. State, 531 So.2d 805, 808, 810 (Miss.1988), Jackie Gardner reappeals to this Court and challenges his new misdemeanor sentence of six months imprisonment and payment of a $1,000.00 fine as having been imposed at a time when the Circuit Court had no jurisdiction because it had not received the mandate from this Court on his prior appeal.

The record before us reflects the following course of proceedings. On September 28, 1988, this Court rendered a formal opinion and order finally denying Gardner’s challenge to…