McFarland v. State

MODIFIED OPINION ON MOTION FOR REHEARING

LEE, P.J.,

for the Court.

¶ 1. The appellant’s motion for rehearing is granted. The original opinion is withdrawn, and the following opinion is substituted therefor.

PROCEDURAL HISTORY

¶ 2. On October 16, 2008, Joseph Stanley McFarland was convicted in the Circuit Court of Forrest County of armed robbery. McFarland was sentenced to serve thirty years in the custody of the Mississippi Department of Corrections. On January 7, 2004, McFarland filed a motion for a judgment notwithstanding the verdict or, in the alternative, a new trial. The circuit court never…