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STATE EX REL. EVERETT v. HAMILTON

Nos. 16840, 16841.

337 S.E.2d 312 (1985)

STATE ex rel. George EVERETT v. Honorable John M. HAMILTON, Circuit Court Judge for Hampshire County. STATE ex rel. George H. EVERETT v. Manfred HOLLAND, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

November 20, 1985.

Attorney(s) appearing for the Case

William D. Highland, Public Legal Ser. Charleston, Edward Bullman, Moundsville, for appellant.

Atty. Gen. Charlie Brown, Mary Rich Maloy, Asst. Atty. Gen., Charleston, for appellee.

BROTHERTON, Justice:

On June 16, 1982, George Everett, the petitioner, was convicted of voluntary manslaughter in the Hampshire County Circuit Court. Because of two prior felony convictions, one in West Virginia, the other in Maryland, Mr. Everett was given an enhanced sentence of life imprisonment pursuant to W.Va.Code § 61-11-18 (1984). The Maryland conviction, however, was reversed on January 31, 1984, and was no longer a valid conviction for the enhancement...

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