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STATE v. HYPES

No. 11-1273.

738 S.E.2d 554 (2013)

STATE of West Virginia, Respondent v. Rodney L. HYPES, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided February 7, 2013.

Attorney(s) appearing for the Case

Gina M. Stanley, Esq. , Cabell County Public Defender Office, Huntington, WV, Duane C. Rosenlieb, Jr., Esq. , West Virginia Defender Services, Charleston, WV, for Petitioner.

Patrick Morrisey, Esq. , Attorney General, Scott E. Johnson, Esq. , Senior Assistant Attorney General, Andrew Mendelson, Esq. , Assistant Attorney General, Charleston, WV, for Respondent.

PER CURIAM:

This case is before the Court upon the appeal of the Petitioner, Rodney L. Hypes, from the August 12, 2011, Order of the Circuit Court of Nicholas County, West Virginia, re-sentencing the Petitioner to a term of not less than two years nor more than ten years imprisonment for his jury conviction of operating or attempting to operate a clandestine drug laboratory. On appeal, the Petitioner argues that the circuit court erred by admitting into evidence the...

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