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STATE v. BOYCE

No. 11-1777.

742 S.E.2d 413 (2013)

STATE of West Virginia, Plaintiff Below, Respondent v. John Alan BOYCE, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided April 18, 2013.

Attorney(s) appearing for the Case

Shawn D. Bayliss, Esq. , Bayliss Law Offices, Hurricane, WV, for Petitioner.

Patrick Morrisey , Attorney General, Benjamin F. Yancey, III, Esq. , Assistant Attorney General, C. Casey Forbes, Esq. , Charleston, WV, for Respondent.

PER CURIAM:

John Alan Boyce, defendant below, appeals from the November 29, 2011, re-sentencing order of the Circuit Court of Kanawha County. Mr. Boyce was sentenced to life in prison without mercy after he had pled guilty in 1992 to murder in the first degree.

Mr. Boyce now contends that the plea should be vacated and the case remanded for trial by claiming that the plea he tendered was not knowingly and intelligently made. His argument turns on the reversal...

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