STATE v. JOHNSON

No. 30903.

584 S.E.2d 468 (2003)

213 W.Va. 612

STATE of West Virginia, Plaintiff Below, Appellee v. Brandon JOHNSON, Defendant Below, Appellant

Supreme Court of Appeals of West Virginia.

Decided May 6, 2003.

Dissenting Opinion of Chief Justice Starcher July 9, 2003.


Attorney(s) appearing for the Case

Joseph E. Barki, III, Assistant Prosecuting Attorney, Wheeling, for the Appellee.

Franklin W. Lash, Wheeling, for the Appellant.


PER CURIAM.

This is an appeal by Mr. Brandon Johnson (hereinafter "Appellant") from a May 6, 2002, order of the Circuit Court of Ohio County sentencing him to forty-eight years in the penitentiary for aggravated robbery. The Appellant contends that such sentence is disproportionate and that the lower court erred in failing to permit evidence of the victim's admitted use of crack cocaine approximately eight hours prior to the victim's identification of the Appellant...

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