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STATE v. MILLER

No. 15794.

310 S.E.2d 479 (1983)

STATE of West Virginia v. Jerry MILLER.

Supreme Court of Appeals of West Virginia.

December 15, 1983.

Attorney(s) appearing for the Case

Gregory W. Bailey, Deputy Atty. Gen., Charleston, for appellee.

Hugh Rogers, Jr., Kerens, for appellant.

McGRAW, Chief Justice:

Jerry Miller appeals from a final order of the Circuit Court of Taylor County which denied his motion for a new trial and sentenced him to a term of not less than two nor more than five years in the state penitentiary. The Court granted this appeal in order to review the trial court's ruling that pursuant to W.Va.Code § 62-12-2 (Cum. Supp.1983), the appellant was ineligible for probation.* We find that the statute...

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