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STATE EX REL. DAYE v. MCBRIDE

Nos. 33100, 33101.

658 S.E.2d 547 (2008)

STATE of West Virginia ex rel. Cornell F. DAYE, Petitioner Below, Appellant v. Thomas McBRIDE, Warden, Mount Olive Correctional Center, Respondent Below, Appellee (Two Cases).

Supreme Court of Appeals of West Virginia.

Decided June 27, 2007.

Attorney(s) appearing for the Case

Lonnie C. Simmons, Esq., Heather M. Langeland, Esq., DiTrapano, Barrett & DiPiero Charleston, WV, for Appellant.

Darrell V. McGraw, Jr., Attorney General, Barbara Allen, Managing Deputy Attorney General, Charleston, WV, for Appellee.

STARCHER, J.:

The appellant, in this habeas corpus action, seeks relief from his sentence as enhanced under the W.Va.Code, 61-11-18 (2000). The trial court initially sentenced the appellant under W.Va.Code, 60A-4-408 (1971), which provides that the sentencing judge may sentence a convicted defendant up to twice the term for the offense as otherwise authorized. The State subsequently filed a motion pursuant to W.Va. Rules of Criminal Procedure,

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