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STATE v. BOOTH

No. 34711.

685 S.E.2d 701 (2009)

224 W.Va. 307

STATE of West Virginia, Plaintiff Below, Appellee, v. Richard BOOTH, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided October 29, 2009.

Attorney(s) appearing for the Case

Thomas Moore, Assistant Public Defender, First Judicial Circuit Public Defender Corp., Wheeling, WV, for the Appellant, Richard Booth.

Scott R. Smith, Ohio County Prosecuting, Attorney Stephen L. Vogrin, Assistant Prosecuting Attorney, Wheeling, WV, for the Appellee, State of West Virginia.

PER CURIAM:

The defendant below and appellant herein, Richard "Ricky" Booth (hereinafter "Mr. Booth"), appeals from an order entered May 23, 2008, by the Circuit Court of Ohio County. By that order, the circuit court sentenced Mr. Booth to a period of eighty years in the penitentiary following Mr. Booth's guilty plea to the felony offense of first degree robbery. On appeal to this Court, Mr. Booth argues that the sentence violates both state and federal constitutional...

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