STATE v. SWIMS

No. 30099.

569 S.E.2d 784 (2002)

212 W.Va. 263

STATE of West Virginia, Plaintiff Below, Appellee, v. Jessie Lee SWIMS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 7, 2002.

Dissenting Opinion of Justice Maynard July 3, 2002.


Attorney(s) appearing for the Case

William S. Thompson, Cook & Cook, Madison, West Virginia, for appellant.

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


DAVIS, Chief Justice.

Jessie Lee Swims, appellant/defendant below (hereinafter referred to as "Mr. Swims"), appeals an order of the Circuit Court of Boone County that denied his motion for a new trial. Mr. Swims was convicted by a jury of conspiracy and aggravated robbery. The circuit court imposed a sentence of one to five years imprisonment for the conspiracy conviction, and 120 years imprisonment for the aggravated robbery...

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