Court of Appeals of Mississippi July 29, 2014, No. 2013-CP-00058-COA (Bester v. State)

ISHEE, J.,

dissenting:

• ¶ 18. With all due respect to the majority, I must dissent. The majority dismisses Lee v. State, 322 So.2d 751, 753 (Miss.1975), as “inapposite” to the case at hand. In so concluding, the majority finds that the distinction between Lee’s jury trial and Bester’s guilty plea renders Lee inapplicable to the case at hand. I disagree.

¶ 19.