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Court denies appeal in battery theft case

Reported by: Mel Carlock
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Updated: 7/30/2013 4:23 pm
JACKSON, Miss. (WTVA) -- A Lowndes County man has lost his attempt to have his conviction for receiving stolen property overturned.

Dexter Fulton was found guilty during a jury trial in 2011 and sentenced to 10 years without the possibility of parole as a habitual offender.

He was arrested after authorities say he attempted to sell battery boxes at a local scrap yard.

Investigators say the items were stolen from trucks parked at a local business in October of 2008 and were identified by the owner at the time of Fulton's arrest.

Prosecutors filed a motion in August of 2010 to amend the indictment to correct language used to describe the items that were taken.

The judge approved the change ten days for the trial started in February of 2011.

Fulton says the court erred in allowing the amendment so close to his trial.

On Tuesday, the Mississippi Court of Appeals ruled he was aware of the change six months prior to the trial beginning and the judge's approval just days before the trial didn't interfere with Fulton's opportunity to defend himself of the charges.
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