STATE v. KENDALL

No. 32689.

639 S.E.2d 778 (2006)

STATE of West Virginia, Plaintiff Below, Appellee v. Michael Lee KENDALL, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided: November 29, 2006.

Dissenting Opinion of Justice Starcher December 12, 2006.


Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Barbara Allen, Managing Deputy Attorney General, Colleen A. Ford, Assistant Attorney General, Charleston, for the Appellee.

Jerald E. Jones, West & Jones, Clarksburg, for the Appellant.


PER CURIAM.

This is an appeal by Michael Kendall (hereinafter "Appellant") from an order of the Circuit Court of Gilmer County sentencing the Appellant to twenty days in jail and five years of probation based upon a jury conviction of burglary and three counts of brandishing. The Appellant challenges his conviction, asserting several assignments of error on appeal. Based upon thorough review of the record, briefs, arguments of counsel, and applicable precedent, this...

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