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STATE v. MILLS

No. 30031.

566 S.E.2d 891 (2002)

211 W.Va. 532

STATE of West Virginia, Plaintiff Below, Appellee v. Marvin Steve MILLS, Defendant Below, Appellant

Supreme Court of Appeals of West Virginia.

Decided June 24, 2002.

Attorney(s) appearing for the Case

Kristen L. Keller, Esq., Chief Deputy Prosecuting Attorney, Beckley, for Appellee.

Gregory L. Ayers, Esq., Deputy Public Defender, Charleston, for Appellant.

PER CURIAM.

The defendant, Marvin Mills, appeals his conviction in the Circuit Court of Raleigh County of first degree murder with the use of a firearm. He was sentenced to life in the penitentiary without the possibility of parole. For the reasons that follow, we reverse the defendant's conviction and remand for a new trial.

I.

FACTS

It is undisputed...

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