STATE v. THOMPSON

No. 33097.

647 S.E.2d 834 (2007)

STATE of West Virginia Plaintiff Below, Appellee v. Gerald THOMPSON, Jr., Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 15, 2007.


Attorney(s) appearing for the Case

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

Jerome R. Novobilski, Esq., Clay, for Appellant.


STARCHER, J.

The appellant was tried before a jury and convicted of operating a clandestine drug laboratory. The circuit court of Clay County by order dated October 28, 2005, sentenced the appellant to confinement in the penitentiary for a period of not less than two nor more than ten years. The appellant is appealing his conviction and sentencing.

The appellant claims in his petition for appeal that the statute under which he was convicted is unconstitutional...

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