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Court denies review in stolen property case

Reported by: Mel Carlock
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Updated: 5/15 1:52 pm
JACKSON, Miss. (WTVA) -- The Mississippi Supreme Court will not hear the appeal of a Lowndes County man ordered to prison for receiving stolen property.

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 before the trial started in February of 2011.

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

The Mississippi Court of Appeals had previously upheld the conviction saying Fulton was provided with plenty of notice about the change and the timing of the judge's order did not interfere with his opportunity to defend himself.

On Thursday, the state's highest court denied a request to review the case.
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