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STATE v. THORNTON

No. 23345.

478 S.E.2d 576 (1996)

197 W.Va. 726

STATE of West Virginia, Plaintiff Below, Appellee, v. Randy L. THORNTON, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided October 15, 1996.

Attorney(s) appearing for the Case

Mary Beth Kershner, Assistant Prosecuting Attorney, Charleston, for Appellee.

Leonard Kaplan, Assistant Public Defender, Office of the Public Defender, Charleston, for Appellant.

ALBRIGHT, Justice.

This is an appeal by Randy L. Thornton from an order of the Circuit Court of Kanawha County denying a "motion for reduction of sentence" brought under the former provisions of Rule 35(b) of the West Virginia Rules of Criminal Procedure on the ground that the motion was not timely filed.1 On appeal, the appellant claims that the motion was timely filed and that the court erred in denying it. After reviewing the question...

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