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Court denies request to rehear cocaine conviction

Reported by: Mel Carlock
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Updated: 11/27/2012 4:13 pm
JACKSON, Miss. (WTVA) -- A Montgomery County man has lost his attempt to have his conviction and sentence for sale of a controlled substance overturned.

Harvey Lee Garrett, 51, is serving 12 years in prison after entering a guilty plea to the charges in 2008 in Montgomery County Circuit Court.

Garrett appealed the case claiming the indictment is defective because it does not name the person he is accused of selling cocaine to.

He also claimed he received ineffective legal assistance.

In August, the Mississippi Court of Appeals ruled the name of the person was not essential to the indictment because Garrett is charged with sale of cocaine.

They also ruled he told the court he understood the consequences of pleading guilty and that he admitted to the judge he was satisfied with his attorney as part of the plea proceedings.

The appellate court refused to rehear the appeal on Tuesday.

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