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STATE v. JOHNSON

No. 32978.

639 S.E.2d 789 (2006)

STATE of West Virginia, Plaintiff Below, Appellee, v. Ernest J. JOHNSON, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided: November 29, 2006.

Concurring Opinion of Justice Starcher November 30, 2006.

Attorney(s) appearing for the Case

A. Courtenay Craig, Esq., Huntington, for Appellant.

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

PER CURIAM.

This case is before the Court on appeal from the September 12, 2005, Order of the Circuit Court of Cabell County, which resentenced Appellant for the purposes of filing the instant appeal. The court had previously entered an Order on May 13, 2003, accepting a jury's verdict of guilty of second degree robbery; and on May 6, 2004, the court entered an Order sentencing Appellant to life with mercy as a recidivist. This Court has before it the petition for...

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