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Lowndes County man loses burglary appeal

Reported by: Mel Carlock
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Updated: 9/10/2013 4:26 pm
JACKSON, Miss. (WTVA) -- A Lowndes County man has lost his attempt to have his burglary conviction overturned.

Demonta Gardner, 21, was convicted on a burglary charge in the September 2011 incident.

Authorities arrested Gardner and five others for forcing their way into an apartment and taking items from the resident at gunpoint.

Court documents say the men originally planned to rob a local drug dealer, but found his apartment empty when they arrived.

The record says the group picked the apartment they eventually forced their way into because they saw a television through the window.

During the trial, Gardner told jurors while he was with the group on robbing the drug dealer, he didn't agree to the apartment burglary and stayed in the car.

Gardner appealed the sufficiency of the evidence against him and the weight that evidence didn't warrant a conviction.

On Tuesday, the Mississippi Court of Appeals denied his petition.
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