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STATE v. SOMERLOT

No. 27907.

544 S.E.2d 52 (2000)

209 W.Va. 125

STATE of West Virginia, Plaintiff Below, Appellee, v. Keith SOMERLOT, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 12, 2000.

Concurring Opinion of Justice Starcher January 5, 2001.

Attorney(s) appearing for the Case

Stephen S. Fitz, Fairmont, West Virginia, Attorney for Appellant.

Darrell V. McGraw, Jr., Attorney General, Barbara H. Allen, Managing Deputy Attorney General, Charleston, West Virginia, Attorneys for Appellee.

SCOTT, Justice:

This case is before the Court upon the appeal of Keith A. Somerlot from the December 30, 1999, sentencing order of the Circuit Court of Preston County, West Virginia, wherein the Appellant was sentenced to an indeterminate term of one to five years. The lower court then suspended the sentence and placed the Appellant on probation for three years. The sentence was entered subsequent to the Appellant's conditional guilty plea to the charge of conspiracy...

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