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STATE v. HAINES

No. 33304.

654 S.E.2d 359 (2007)

STATE of West Virginia, Plaintiff Below, Appellee v. Richard Allen HAINES, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided October 12, 2007.

Attorney(s) appearing for the Case

Christopher A. Davis, Davis Law Offices, Clarksburg, for Appellant.

Darrell V. McGraw, Jr. Attorney General, James W. Wegman, Assistant Attorney General, Charleston, for Appellee.

PER CURIAM:

Appellant Richard Allen Haines seeks a reversal of his conviction for one count of felony delivery of a Schedule II controlled substance. As grounds for his appeal, he argues that the trial court erred in amending the indictment under which he was charged to alter the type of controlled substance at issue from one that falls within Schedule I to more accurately reflect that the substance at issue is set forth...

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