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STATE v. BESS

No. 19906.

406 S.E.2d 721 (1991)

STATE of West Virginia, Plaintiff Below, Appellee, v. Donald E. BESS, Jr., Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 27, 1991.

Attorney(s) appearing for the Case

C. Cooper Fulton, Kanawha County Public Defender Corp., Charleston, for appellant.

Joanna Tabit, Sr. Asst. Atty. Gen., Charleston, for appellee.

PER CURIAM:

This case involves the appeal of Donald Bess from the jury verdict of the Fayette County Circuit Court which convicted him of daytime burglary (W.Va.Code § 61-3-11 (1973)) and felony murder (W.Va.Code § 61-2-1 (1987)). The court sentenced the appellant to life without mercy on April 10, 1990, on the felony murder conviction and an indeterminate term of one-to-fifteen years for the burglary conviction. However, on May 23, 1990, the trial court...

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