STATE v. OXIER

No. 17696.

369 S.E.2d 866 (1988)

STATE of West Virginia v. James M. OXIER.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion June 28, 1988.

Rehearing Denied July 21, 1988.


Attorney(s) appearing for the Case

Hugh Rogers, Kerens, for James M. Oxier.

J. Bradley Russell, Asst. Atty. Gen., Charleston, for State.


PER CURIAM:

This is an appeal by James Oxier from an order of the Circuit Court of Grant County sentencing him to life in the State penitentiary as a habitual criminal. He claims that the imposition of a life sentence in his case violates the proportionality principle contained in Article III, Section 5 of the West Virginia Constitution and in the Eighth Amendment of the United States Constitution. After reviewing the record, this Court disagrees, and affirms the...

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