SLIDER v. BORDENKIRCHER

No. 75-2030.

538 F.2d 551 (1976)

George Frank SLIDER, Jr., Appellant, v. Donald E. BORDENKIRCHER, Warden, West Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 1, 1976.


Attorney(s) appearing for the Case

Arlinda Locklear, Third Year Law Student, J. Francis Paschal, Durham, N. C. [court-appointed counsel], and (Marvin Schiller, Third Year Law Student, on brief), for appellant.

E. Leslie Hoffman, III, Asst. Atty. Gen. of West Virginia, Charleston, W. Va. (Chauncy H. Browning, Jr., Atty. Gen. of West Virginia, Charleston, W. Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and CRAVEN and RUSSELL, Circuit Judges.


PER CURIAM:

After conviction of armed robbery in West Virginia State Court, the petitioner was given an indeterminate sentence of ten years to life imprisonment. The crime of armed robbery under West Virginia law does not authorize an indeterminate sentence; consequently, on appeal, petitioner's conviction was affirmed, but the judgment was reversed as to the indeterminate sentence and the cause was remanded in order that the invalid sentence might be corrected.

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