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STATE v. WHITE

No. 20962.

425 S.E.2d 210 (1992)

188 W.Va. 534

STATE of West Virginia, Plaintiff Below, Appellee, v. David WHITE, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 17, 1992.

Attorney(s) appearing for the Case

Teresa A. Tarr, Sr. Asst. Atty. Gen., Charleston, for appellee.

Thomas L. Berry, Johnston, Holroyd & Associates, Princeton, for appellant.

WORKMAN, Justice:

This is an appeal by David White from a June 25, 1991, order of the Circuit Court of Mercer County which denied the Appellant's motion for reconsideration and reduction of sentence. The Appellant contends that the lower court erred in denying his motion for reduction or reconsideration of his sentence. We agree and remand this case to the Circuit Court of Mercer County with directions to enter an order limiting the incarceration to the period allowed...

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