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STATE v. CUMMINGS

No. 33223.

647 S.E.2d 869 (2007)

STATE of West Virginia, Plaintiff Below, Appellee, v. Michael CUMMINGS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 6, 2007.

Dissenting Opinion of Justice Maynard June 27, 2007.

Concurring Opinion of Justice Starcher June 29, 2007.

Attorney(s) appearing for the Case

Christine M. Hedges, Hedges, Jones, Whittier & Hedges, Spencer, Joshua Downey, Third Year law student, Certified under Rule 10 of the Rules for Admission to the Practice of Law, for Appellant.

Darrell V. McGraw, Jr., Attorney General, Benjamin F. Yancey, III, Assistant Attorney General, Charleston, for Appellee.

BENJAMIN, Justice:

In the instant appeal, appellant Michael Cummings seeks reversal of the November 29, 2005, jury verdict finding him guilty of the felony offenses of attempting to operate a clandestine drug lab and conspiracy to attempt to operate a clandestine drug lab. He was sentenced on March 6, 2006 to consecutive sentences of not less than two nor more than ten years for the Attempt conviction and not less than one nor more than five years for the Conspiracy...

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