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STATE v. FRANKLIN

No. 21981.

448 S.E.2d 158 (1994)

191 W.Va. 727

STATE of West Virginia, Plaintiff Below, Appellee, v. Dewayne E. FRANKLIN, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 11, 1994.

Dissenting Opinion of Justice Neely July 12, 1994.

Attorney(s) appearing for the Case

Michele Rusen, Pros. Atty. of Wood County, Parkersburg, for appellee.

Joseph P. Albright, Jr., Albright, Bradley & Ellison, Parkersburg, for appellant.

PER CURIAM:

The appellant, Dewayne E. Franklin, was found guilty, by a jury, of aggravated robbery, in violation of W.Va.Code, 61-2-12 [1961], on September 24, 1992, in the Circuit Court of Wood County, West Virginia. On December 31, 1992, he was sentenced to seventeen years in the West Virginia State Penitentiary. Mr. Franklin is now before this Court upon appeal of his conviction. Upon consideration of the petition...

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