STATE v. RICHARDSON

No. 31121.

589 S.E.2d 552 (2003)

214 W.Va. 410

STATE of West Virginia, Plaintiff Below, Appellee v. Raymond RICHARDSON, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 10, 2003.

Concurring and Dissenting in part Opinion of Justice Davis November 18, 2003.

Dissenting and Concurring in part Opinion of Justice Maynard December 8, 2003.


Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Robert D. Goldberg, Assistant Attorney General, Charleston, for Appellee.

Troy N. Giatras, Mark L. French, Giatras & Webb, Charleston, for Appellant.


PER CURIAM:

The appellant in the present proceeding, Raymond Richardson, was sentenced to 30 years in the State Penitentiary for kidnaping. He was also sentenced to five years in the penitentiary, to run concurrently with the kidnaping sentence, for wanton endangerment. On appeal, the appellant claims that the 30-year sentence for kidnaping was disproportionate to the crime committed, and that the sentence is, as a consequence, unconstitutionally impermissible.

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