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STATE v. BROOKS

No. 31158.

591 S.E.2d 120 (2003)

214 W.Va. 562

STATE of West Virginia, Plaintiff Below, Appellee, v. Sheila Jean BROOKS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 14, 2003.

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

Attorney(s) appearing for the Case

Thomas J. Gillooly, Esq., Charleston, for Appellant.

Darrell V. McGraw, Jr., Esq., Attorney General, Jon R. Blevins, Esq., Assistant Attorney General, Charleston, for Appellee.

PER CURIAM.

This case is before this Court upon appeal of a final order of the Circuit Court of Mercer County entered on January 23, 2002. In that order, the court sentenced the appellant and defendant below, Sheila Jean Brooks,1 to one year imprisonment and imposed a fine of $500.00 for her conviction of misdemeanor battery. However, the court also suspended the appellant's sentence and placed...

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