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STATE v. PETTREY

No. 28401.

549 S.E.2d 323 (2001)

209 W.Va. 449

STATE of West Virginia, Plaintiff Below, Appellee, v. Jeffrey Allan PETTREY, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 13, 2001.

Concurring Opinion of Justice Starcher, July 24, 2001.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Esq., Attorney General, Dawn E. Warfield, Esq., Deputy Attorney General, Charleston, West Virginia, Attorney for Appellee.

Tracy P. Burks, Esq., Mercer County Public Defender Corporation, Princeton, West Virginia, Attorney for Appellant.

MAYNARD, Justice:

The appellant, Jeffrey Allan Pettrey, was convicted by the Circuit Court of Mercer County, West Virginia, of three counts of first degree sexual assault, three counts of incest, and three counts of sexual abuse by a parent. After sentencing the appellant to the penitentiary on each count with the sentences to run consecutively, the court suspended the sentences for sexual assault and sexual abuse. The appellant was ordered to serve the sentences...

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