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STATE v. SLATER

No. 33659.

665 S.E.2d 674 (2008)

STATE of West Virginia, Plaintiff Below, Appellee, v. Joshua Lee SLATER, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 9, 2008.

Dissenting Opinion of Justice Starcher July 23, 2008.

Concurring Opinion of Justice Benjamin July 30, 2008.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Esq., Attorney General, Dawn E. Warfield, Esq., Deputy Attorney General, R. Christopher Smith, Esq., Assistant Attorney General, Charleston, WV, for the State.

Ira Mickenberg, Esq., Gregory L. Ayers, Esq., Public Defender Corporation, Charleston, WV, for Joshua Lee Slater.

MAYNARD, Chief Justice:

The appellant, Joshua Lee Slater, appeals his convictions for kidnaping, domestic battery, wanton endangerment, and daytime burglary by breaking and entering. He also appeals his sentence for these crimes which amounts to life with mercy plus twenty-one years. For the reasons that follow, we affirm.

I.

FACTS

Joshua Lee Slater, the appellant, lived with his long-time girlfriend, Angela Walls, and their two small children...

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