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STATE v. McGILTON

No. 11-0410.

729 S.E.2d 876 (2012)

STATE of West Virginia, Plaintiff Below, Respondent v. Brent Levi McGILTON, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided June 19, 2012.

Attorney(s) appearing for the Case

Robert C. Catlett, Esq. , Deputy Public Defender, Office of the Public Defender, Charleston, WV, for Petitioner.

Scott R. Smith, Esq. , Ohio County Prosecuting Attorney, Stephen L. Vogrin, Esq. , Assistant Prosecuting Attorney, Wheeling, WV, for Respondent.

WORKMAN, Justice:

This case is before this Court upon appeal of a final order of the Circuit Court of Ohio County entered on January 12, 2011. In that order, the petitioner, Brent Levi Victor McGilton, was convicted by a jury of three counts of malicious assault against his wife, Angela McGilton (hereinafter, "the victim"). In this appeal, the petitioner argues that the circuit court violated his double jeopardy protections by sentencing him for three counts of malicious...

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