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STATE v. FERGUSON

No. 31720.

607 S.E.2d 526 (2004)

216 W.Va. 429

STATE of West Virginia, Plaintiff Below, Appellee v. Brian Bush FERGUSON, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 3, 2004.

Attorney(s) appearing for the Case

Marcia Ashdown, Prosecuting Attorney, Perri DeChristopher, Assistant Prosecuting Attorney, Morgantown, West Virginia, Attorneys for Appellee.

James B. Zimarowski, Esq., Franklin D. Cleckley, Esq., Morgantown, West Virginia, Attorneys for Appellant.

PER CURIAM:

In the instant case, we affirm a first degree murder conviction.

I.

The appellant, Brian Bush Ferguson, was convicted of first degree murder in November of 2002. The jury did not recommend mercy and on February 24, 2003, the appellant was sentenced to life imprisonment without the possibility of parole. We discuss the relevant facts of the case and the applicable standards of review infra as part of our consideration of the issues...

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