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STATE v. McCLAIN

No. 29839.

561 S.E.2d 783 (2002)

211 W.Va. 61

STATE of West Virginia, Plaintiff Below, Appellee, v. Robert F. McCLAIN, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided February 21, 2002.

Dissenting Opinion of Chief Justice Davis March 27, 2002.

Concurring Opinion of Justice Starcher March 29, 2002.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Janet E. James, Assistant Attorney General, Charleston, West Virginia, Attorneys for the appellee.

Richard E. Holicker, Public Defender Corporation, Charleston, West Virginia, Attorney for the appellant.

ALBRIGHT, Justice:

Robert McClain (hereinafter "Appellant") appeals the April 13, 2001, order of the Kanawha County Circuit Court denying his motion, filed pursuant to Rule 35 of the Rules of Criminal Procedure, to correct the sentence imposed after he pled guilty to the offense of leaving the scene of an accident which resulted in death. Appellant specifically argues that the trial court's refusal to grant him credit for...

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