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STATE v. JOHNSON

Nos. 20197, 20198.

419 S.E.2d 300 (1992)

187 W.Va. 360

STATE of West Virginia, Plaintiff Below, Appellee, v. Patrick Shawn JOHNSON, Defendant Below, Appellant. STATE of West Virginia, Plaintiff Below, Appellee, v. Larry BARBER, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 29, 1992.

Rehearing Denied July 21, 1992.

Attorney(s) appearing for the Case

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

Frank W. Helvey, Jr., W.Va. Public Defender Services, Charleston, for appellant Patrick Shawn Johnson.

L. William St. Clair, St. Clair & Levine, Huntington, for appellant Larry Barber.

MILLER, Justice:

These two cases have been consolidated for appeal. Both defendants appeal based on the application of our statutes mandating a minimum three-year incarceration for use of a firearm in the commission of a felony. We take this opportunity to clarify the rules regarding application of this law. However, we decline to alter the results in these two cases.

In State v. Johnson, the defendant was charged by indictment with "[m]urder ... with...

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