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STATE v. BARKER

No. 20141.

410 S.E.2d 712 (1991)

STATE of West Virginia, Plaintiff Below, Appellee, v. Robert Mitchell BARKER, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided October 22, 1991.

Attorney(s) appearing for the Case

Ernest M. Douglass, Parkersburg, for appellant.

Andrew F. Tarr, Asst. Atty. Gen., Charleston, for appellee.

PER CURIAM:

The sole issue before us in this appeal is whether the Circuit Court of Wood County erred in sentencing the appellant, Robert Mitchell Barker, to a life sentence under the habitual criminal statute, W.Va.Code, 61-11-18 [1943].1 The appellant contends that the imposition of a life recidivist sentence violates the proportionality clause in Article III, Section 5 of the West Virginia Constitution in light of the...

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