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STATE v. EILOLA

No. 35140.

704 S.E.2d 698 (2010)

STATE of West Virginia, Plaintiff Below, Appellee v. David Harold EILOLA, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 18, 2010.

Concurring Opinion of Justice McHugh November 23, 2010.

Dissenting Opinion of Chief Justice Davis November 23, 2010.

Attorney(s) appearing for the Case

Edward L. Bullman, Esq. , Bullman and Bullman, Charleston, WV, for Appellant.

Darrell McGraw, Esq. , Attorney General, Dawn E. Warfield, Esq. , Deputy Attorney General, Charleston, WV, for Appellee.

BENJAMIN, Justice:

The instant action is before this Court upon the appeal of David Harold Eilola from a December 10, 2008, amended order of the Circuit Court of Kanawha County, which re-sentenced Appellant for purposes of appeal following his convictions for Attempted Murder in the First Degree, Malicious Assault, Arson in the Fourth Degree, Violation of a Domestic Violence Protective Order, and Domestic Battery. This Court granted Appellant's Petition for Appeal...

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