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James Lee GATES v. STATE of Mississippi.

Decision rendered on December 27, 1990, is withdrawn and Appeal Dismissed as improvidently granted without prejudice to Gates to refile his post-conviction motion in the lower court.

HAWKINS and DAN M. LEE, P.JJ., and PRATHER and SULLIVAN, JJ., concur.

BANKS and McRAE, JJ., not participating.

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GATES v. STATE
(Jan 16, 1991)