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STATE v. HARGUS

Nos. 12-0513, 12-0833.

753 S.E.2d 893 (2013)

STATE of West Virginia, Plaintiff Below, Respondent v. Gabriel HARGUS, Defendant Below, Petitioner. and State of West Virginia, Plaintiff Below, Respondent v. Robert Lee Lester, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided: November 14, 2013.

Attorney(s) appearing for the Case

Lori M. Peters, Esq. , Assistant Public Defender, Kanawha County Public, Defender's Office, Charleston, WV, for Petitioner Hargus.

Duane C. Roselieb, Jr., Esq. , WV Public Defender Services, Charleston, WV, and Randy R. Goodrich, Esq. , Kingwood, WV, for Petitioner Lester.

Patrick Morrisey, Esq. , Attorney General, Laura Young, Esq. , Assistant Attorney General, Charleston, WV, for the State.

William C. Means, Esq. , Senior Assistant Prosecuting Attorney of Preston County, Kingwood, WV, for the State.

BENJAMIN, Chief Justice:

The two appeals in this case have been consolidated for purposes of argument, consideration, and decision. In both appeals, the petitioners raise constitutional challenges to the revocation of supervised release and the additional sanctions imposed pursuant to W. Va.Code § 62-12-26(g)(3) (2011), which is the extended supervision statute for certain sex offenders. After careful consideration...

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