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STATE v. DAUGHERTY

No. 33075.

650 S.E.2d 114 (2006)

STATE of West Virginia, Plaintiff Below, Appellee, v. Tony Franklin DAUGHERTY, Sr., Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 29, 2006.

Attorney(s) appearing for the Case

Barry L. Bruce, Thomas W. White, Barry L. Bruce & Associates, Lewisburg, for Appellant.

Darrell V. McGraw, Jr., Attorney General, Colleen A. Ford, Assistant Attorney General, Charleston, for Appellee.

PER CURIAM:

Tony Franklin Daugherty, Sr. (hereinafter Mr. Daugherty) appeals an order of the Circuit Court of Summers County denying his motion for a new trial. Mr. Daugherty was convicted of four counts of sexual abuse by a parent and sentenced to a period of 10 to 20 years for each conviction.1 Subsequent to the convictions and sentences, Mr. Daugherty filed a motion for a new trial based upon the jury's consideration of alleged extrinsic...

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