JACKSON, Mississippi — The Mississippi Supreme Court has refused to acquit a Gulfport man of dealing drugs.
Johnny Lee Floyd had appealed an earlier state Court of Appeals' decision in which his 60-year sentence was tossed. He was ordered to be resentenced as a non-habitual offender.
Floyd wanted to be acquitted of the charges. The Supreme Court on Thursday let the resentencing order stand.
Floyd was convicted in 2012 of dealing in cocaine. He was arrested in Gulfport in 2010.
With three prior felony drug convictions, Floyd was tried as a habitual offender.
The Appeals Court last summer found prosecutors didn't show that the three previous convictions during at least two separate crimes as provided by law. The court said it appeared Floyd pleaded guilty to three counts from a single incident.
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