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STATE v. ARBAUGH

No. 31326.

595 S.E.2d 289 (2004)

215 W.Va. 132

STATE of West Virginia, Plaintiff below, Appellee, v. Tony Dean ARBAUGH, Jr., Defendant below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided March 2, 2004.

Concurring Opinion of Justice Albright March 5, 2004.

Concurring and Dissenting Opinion by Justice Starcher March 31, 2004.

Dissenting Opinion by Chief Justice Maynard April 7, 2004.

Attorney(s) appearing for the Case

Amanda H. See, See & See, Moorefield, Counsel for Appellant.

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

Justice ALBRIGHT concurs and reserves the right to file a concurring opinion.

PER CURIAM.

Tony Dean Arbaugh, Jr. (hereinafter "Mr. Arbaugh") appeals the denial of his W. Va. R. Crim P. 35(b) motion by the Circuit Court of Pendleton County, West Virginia. In this motion, he requested a reduction in sentence in the nature of a grant of probation so that he could pursue a rehabilitation program under the auspices of Youth System Services, Inc. Having read the briefs, reviewed the record, and heard oral argument, we reverse and remand with directions...

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