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STATE v. HAMILTON

No. 19732.

403 S.E.2d 739 (1991)

STATE of West Virginia, Plaintiff Below, Appellee, v. Nevil Kirk HAMILTON, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided March 27, 1991.

Attorney(s) appearing for the Case

J. Montgomery Brown, Marion County Pros. Atty., Fairmont, for appellee.

Jeff Harris, Morgantown, for appellant.

PER CURIAM:

Nevil Kirk Hamilton appeals from a final order of the Circuit Court of Marion County which adjudged him guilty, pursuant to a jury verdict, of the crime of aggravated robbery. The appellant contends that the trial court erred by 1) proceeding with jury selection in the appellant's absence and without waiver by the appellant of his right to be present, and 2) imposing a sentence of forty years which the appellant contends

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