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STATE v. MIDDLETON

No. 33048.

640 S.E.2d 152 (2006)

STATE of West Virginia, Plaintiff Below, Appellee, v. Kevin Ray MIDDLETON, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided: November 29, 2006.

Dissenting Opinion of Justice Starcher November 30, 2006.

Dissenting Opinion of Justice Albright December 11, 2006.

Concurring Opinion of Justice Maynard January 8, 2007.

Attorney(s) appearing for the Case

Kathleen T. Pettigrew, Charleston, West Virginia, Herbert L. Hively, II, Hurricane, for Appellant.

Darrell V. McGraw, Jr., Attorney General, Barbara H. Allen, Deputy Attorney General, Nicole A. Cofer, Third Year Law Student, Charleston, for Appellee.

DAVIS, Chief Justice.

Kevin Ray Middleton (hereinafter "Mr. Middleton") appeals a final order from the Circuit Court of Kanawha County convicting him of and sentencing him for the crimes of sexual abuse by a parent, custodian or guardian and first degree sexual abuse. Mr. Middleton was sentenced to not less than ten nor more than twenty years imprisonment on the sexual abuse by a parent, custodian or guardian conviction and sentenced to not less than one nor more...

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