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STATE v. REED

No. 32610.

625 S.E.2d 348 (2005)

218 W.Va. 586

STATE of West Virginia, Plaintiff Below, Appellee v. David M. REED, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 29, 2005.

Concurring Opinion of Justice Davis December 5, 2005.

Attorney(s) appearing for the Case

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

R. David Brown, Jr., Reynolds & Brown, P.L.L.C., Huntington, for Appellant.

PER CURIAM:

This case is before the Court upon the appeal of the appellant, David M. Reed. On March 11, 2003, the appellant was convicted by a jury in the Circuit Court of Cabell County of third offense domestic battery and thereafter received an enhanced sentence pursuant to the habitual criminal statute. The appellant argues that the circuit court erred in denying his motion for bifurcation to contest the validity of...

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