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STATE v. WYNE

No. 22346.

460 S.E.2d 450 (1995)

194 W.Va. 315

STATE of West Virginia, Plaintiff Below, Appellee, v. Ronald Lee WYNE, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 11, 1995.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Atty. Gen., Mary Blaine McLaughlin, Asst. Atty. Gen., Charleston, for appellee.

James Wilson Douglas, Sutton, for appellant.

MILLER, Justice:

This is an appeal of a life recidivist conviction from the Circuit Court of Braxton County entered on April 15, 1994, pursuant to W.Va.Code, 61-11-18(c) (1994).1 Two errors are alleged. The first is whether in a life recidivist trial it is necessary for the State to prove the underlying or triggering felony conviction that gave rise to the recidivist charge in addition to the prior felony convictions. The second...

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