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STATE v. WARD

No. 19704.

407 S.E.2d 365 (1991)

STATE of West Virginia, Plaintiff Below, Appellee, v. Jeffrey A. WARD, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 9, 1991.

Dissenting Opinion of Chief Justice Miller August 15, 1991.

Attorney(s) appearing for the Case

James M. Cagle, Charleston, for appellant.

Roger W. Tompkins, Atty. Gen., Joanna I. Tabit, Sr. Asst. Atty. Gen., Charleston, for appellee.

BROTHERTON, Justice:

On December 12, 1985, the appellant, Jeffrey Ward, was found guilty of daytime burglary by entering without breaking into the home of his mother, Mrs. Crete Ward, on or about May 13, 1984. Sentencing was delayed until April 28, 1989, when Ward was ordered to serve one to ten years in the State Penitentiary at Moundsville, West Virginia. The sentence was suspended and Ward was placed on two years probation...

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