Nos. 25057, 25058.

510 S.E.2d 465 (1998)

203 W.Va. 631

STATE of West Virginia, Plaintiff Below, Appellee, v. George A. EASTON, Defendant Below, Appellant. State of West Virginia, Plaintiff Below, Appellee, v. Kevin True, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 7, 1998.

Attorney(s) appearing for the Case

Daniel R. James, Barr, James & Pancake, P.L.L.C., Keyser, West Virginia, Attorney for Appellants Easton and True.

Darrell V. McGraw, Jr., Attorney General, Victor S. Woods, Kristine M. Howard, Assistant Attorneys General, Charleston, West Virginia, Attorneys for the Appellee.

DAVIS, Chief Justice:

Defendants below, George A. Easton and Kevin True,1 appeal from sentencing orders entered September 11, 1997, by the Circuit Court of Hampshire County. Both defendants previously had been convicted of the felony offense of the willful creation, by a custodian, of an emergency situation for an incapacitated adult and misdemeanor battery, which crimes were committed when the defendants were called upon to restrain a...

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