STATE v. PHILLIPS

No. 23535.

485 S.E.2d 676 (1997)

199 W.Va. 507

STATE of West Virginia, Plaintiff Below, Appellee, v. John PHILLIPS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided April 10, 1997.


Attorney(s) appearing for the Case

Ira M. Haught, Harrisville, for Appellant.

Michele Rusen, Prosecuting Attorney, Parkersburg, for Appellee.


PER CURIAM:

John Phillips, the appellant and defendant below, appeals his convictions of two counts of aggravated robbery and one count of kidnapping entered by the Circuit Court of Wood County. Phillips contends that the trial court erred in refusing to instruct the jury on the lesser included offense of nonaggravated robbery, and that the 140 year sentence he received was excessive. We find the court properly refused the nonaggravated robbery instruction, and the...

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