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STATE v. SMITH

No. 33171.

648 S.E.2d 71 (2007)

STATE of West Virginia, Plaintiff Below, Appellee, v. Julian R. SMITH, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided: June 13, 2007.

Concurring Opinion of Justice Albright June 28, 2007.

Dissenting Opinion of Justice Maynard June 27, 2007.

Attorney(s) appearing for the Case

Paula M. Cunningham, Esq., Deputy Public Defender, Wendy A. Campbell, Esq., Assistant Public Defender, Kanawha County, Office of the Public Defender, Charleston, for the Appellant.

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

PER CURIAM.

This case is before this Court upon the appeal of Julian R. Smith from the June 4, 1993, order of the Circuit Court of Kanawha County. This order sentenced Smith to a term of forty years in the penitentiary upon his conviction of the offense of aggravated robbery. Pursuant to an intervening proceeding in habeas corpus, the Circuit Court entered an order on July 18, 2005, reimposing the forty year term and restoring Smith's right to appeal to this Court...

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