STATE v. HAUGHT

No. 32583.

624 S.E.2d 899 (2005)

218 W.Va. 462

STATE of West Virginia, Plaintiff Below, Appellee, v. Chesdon James HAUGHT, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 1, 2005.

Dissenting and Concurring Opinion of Justice Starcher December 16, 2005.


Attorney(s) appearing for the Case

Edward L. Harman, Jr., Esq., Spilman Thomas & Battle, PLLC, Morgantown, for the Appellant.

K. Kathleen Kern, Esq., Assistant Prosecuting Attorney, Morgantown, for the Appellee.


MAYNARD, Justice:

Appellant, Chesdon James Haught, appeals his March 12, 2004, conviction for domestic battery and kidnapping in the Circuit Court of Monongalia County. Appellant Haught argues that his sentencing under W.Va.Code § 61-2-14a (1999) violated his right to due process and trial by jury under the United States Supreme Court's decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004...

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