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STATE v. SUTPHIN

No. 22833.

466 S.E.2d 402 (1995)

195 W.Va. 551

STATE of West Virginia, Appellee, v. Earnest SUTPHIN, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 7, 1995.

Attorney(s) appearing for the Case

Richard M. Riffe, Assistant Prosecuting Attorney, Madison, for Appellee.

Henry E. Wood, III, Charleston, for Appellant.

RECHT, Justice:

The defendant, Earnest Sutphin, appeals from a final order of the Circuit Court of Boone County, entered the 4th day of March, 1994, sentencing him upon his conviction of murder of the second degree to confinement in the West Virginia Penitentiary for a period of not less than five nor more than eighteen years.1

On appeal, the defendant asserts that the trial court erred...

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