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STATE v. KENT

No. 30649.

584 S.E.2d 169 (2003)

213 W.Va. 535

STATE of West Virginia, Plaintiff Below, Appellee v. Gary Wayne KENT, Defendant Below, Appellant

Supreme Court of Appeals of West Virginia.

Decided May 23, 2003.

Dissenting Opinion of Justice Maynard July 3, 2003.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Heather D. Foster, Assistant Attorney General, Charleston, for Appellee.

Kristine A. Burdette, Esq., Frances C. Whiteman, Esq., Whiteman, Burdette & Radman, Fairmont, for Appellant.

PER CURIAM.

The appellant Gary Wayne Kent appeals his first degree murder conviction and subsequent life-without-mercy sentence. Following his conviction, the appellant filed a motion for a new trial asserting, inter alia, that he lacked the competency to stand trial. We find that the circuit court erred in not granting the appellant's motion. Therefore, we overturn the appellant's conviction.1

I.

On July 26, 1998...

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