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STATE v. CUMMINGS

No. 30911.

589 S.E.2d 48 (2003)

214 W.Va. 317

STATE of West Virginia, Plaintiff Below, Appellee, v. Gary Brian CUMMINGS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided October 10, 2003.

Concurring Opinion of Justice Davis October 14, 2003.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Jon R. Blevins, Assistant Attorney General, Charleston, West Virginia, Attorneys for the Appellee.

Frances C. Whiteman, Whiteman Burdette, PLLC, Fairmont, West Virginia, Attorney for the Appellant.

PER CURIAM:

This is an appeal by Gary Brian Cummings (hereinafter "Appellant") from a December 13, 2001, order of the Circuit Court of Marion County denying the Appellant's motion for reconsideration of a restitution order. The restitution order had been entered pursuant to the Appellant's plea of nolo contendere to one count of fraudulent schemes, one count of embezzlement, one count of forgery, and one count of uttering. The Appellant contends that the lower court...

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