STATE v. BECK

No. 14549.

286 S.E.2d 234 (1981)

STATE of West Virginia v. Harry Edgar BECK.

Supreme Court of Appeals of West Virginia.

July 17, 1981.


Attorney(s) appearing for the Case

W. Craig Broadwater, Riley, Yahn & Cooey, Robert Fitzsimmons, Fitzsimmons & Parsons, Wheeling, for plaintiff in error.

Chauncey H. Browning, Atty. Gen., James F. Wallington, Asst. Atty. Gen., Charleston, for defendant in error.


MILLER, Justice:

Harry Edgar Beck was convicted in the Circuit Court of Brooke County of sexual assault in the first degree. Upon his conviction, the State proceeded with a recidivist hearing, resulting in the imposition of a mandatory life sentence under W.Va.Code, 61-11-18.

The appellant challenges both the underlying conviction and the recidivist sentence, on the basis of (1) the denial of his motion for a change...

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