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STATE v. BROWN

No. 28404.

552 S.E.2d 390 (2001)

210 W.Va. 14

STATE of West Virginia, Plaintiff Below, Appellee, v. Michael E. BROWN, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 1, 2001.

Dissenting Opinion of Justice Starcher July 24, 2001.

Dissenting Opinion of Chief Justice McGraw July 25, 2001.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Esq., Attorney General, Allen H. Loughry, II, Esq., Assistant Attorney General, Charleston, West Virginia, Attorneys for the Appellee.

Joseph P. Albright, Jr., Esq., Bradley & Albright, Parkersburg, West Virginia, Attorney for the Appellant.

PER CURIAM:

This appeal was brought by Michael E. Brown, defendant below, from the Circuit Court of Cabell County. The defendant appeals his conviction of two counts of first degree murder with mercy, and his sentence of two consecutive life terms in the penitentiary. After considering the defendant's numerous assignments of error, we affirm the defendant's conviction but reverse his sentence and remand for a presentence...

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