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STATE v. LIVELY

No. 34856.

697 S.E.2d 117 (2010)

STATE of West Virginia, Plaintiff Below, Appellee v. Charles J. LIVELY, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 16, 2010.

Attorney(s) appearing for the Case

David Schles, Esq., Charleston, WV, for Appellant.

Sidney Bell, Esq., McDowell County Prosecuting Attorney, Welch, WV, for Appellee.

PER CURIAM:

This case is before the Court upon an Order entered August 11, 2008, by the Circuit Court of McDowell County, West Virginia, resentencing the Defendant, Charles J. Lively, to life with a recommendation of mercy based upon the jury conviction for the felony murder of Dr. Ebb K. ("Doc") Whitley, Jr. The Defendant was also convicted of first degree arson as the underlying felony supporting the felony murder conviction; however, no additional sentence for...

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