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STATE v. BLACK

No. 34722.

708 S.E.2d 491 (2010)

STATE of West Virginia, Plaintiff Below, Appellee v. Justin Keith BLACK, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided March 4, 2010.

Attorney(s) appearing for the Case

Jay C. Love , Huntington, WV, for the Appellant.

Darrell V. McGraw, Jr. , Attorney General, R. Christopher Smith , Assistant Attorney General, Charleston, WV, for the Appellee.

DAVIS, Chief Justice:

The defendant below and appellant herein, Justin Keith Black (hereinafter "Mr. Black"), appeals from an order entered July 2, 2008, by the Circuit Court of Cabell County. By that order, the circuit court sentenced Mr. Black to a period of forty years in the penitentiary following Mr. Black's jury conviction of second degree murder in violation of W. Va.Code § 61-2-1 (1991) (Repl.Vol.2005).1 On

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