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STATE v. MULLENS

No. 33073.

650 S.E.2d 169 (2007)

STATE of West Virginia, Appellee, v. Eddie MULLENS, Appellant.

Supreme Court of Appeals of West Virginia.

Decided February 28, 2007.

Dissenting Opinion of Justice Benjamin April 13, 2007.

Attorney(s) appearing for the Case

Benjamin M. Conaway, Conaway & Conaway, Madison, for Appellant.

Darrell V. McGraw, Jr., Attorney General, Barry L. Koerber, Assistant Attorney General, Charleston, for Appellee.

DAVIS, Chief Justice:

Eddie Mullens (hereinafter "Mr. Mullens") appeals an order of the Circuit Court of Boone County sentencing him to a term of one to five years imprisonment,1 after entering a conditional guilty plea to a charge of delivery of a controlled substance.2 Pursuant to the terms of the conditional guilty plea, Mr. Mullens assigns error to the circuit court's denial of his motion to suppress an...

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