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STATE v. McFARLAND

No. 101413.

721 S.E.2d 62 (2011)

STATE of West Virginia, Plaintiff Below, Respondent v. Larry Arthur McFARLAND, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided November 23, 2011.

Attorney(s) appearing for the Case

Christopher J. Prezioso, Esq. , Luttrell & Prezioso, Martinsburg, WV, Attorney for Petitioner.

Brandon C.H. Sims, Esq. , Assistant Prosecutor, Jefferson County Prosecutor's Office, Charles Town, WV, Attorney for Respondent.

PER CURIAM:

Petitioner Larry McFarland was convicted by a jury of sexual assault in the second degree. Following that conviction, the State filed an information alleging that Petitioner had been convicted of a qualifying offense under the recidivist statute at W. Va.Code § 61-11-18.1 Petitioner admitted at the arraignment on the recidivist information that he was the same person previously convicted of a qualifying offense in California...

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