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STATE v. YOCUM

No. 12-1309.

759 S.E.2d 182 (2014)

STATE of West Virginia, Plaintiff Below, Respondent v. James Scott YOCUM, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided May 12, 2014.

Attorney(s) appearing for the Case

Brent A. Clyburn, Esq. , The Law Office of Brent A. Clyburn, Wheeling, WV, for Petitioner.

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

LOUGHRY, Justice:

James Scott Yocum appeals from the October 1, 2012, sentencing order of the Circuit Court of Marshall County denying his motions to dismiss or, alternatively, acquit in connection with a felony conviction for making a threat to commit a terrorist act.1 The petitioner seeks to set aside his conviction2 on grounds that the criminal offense set forth...

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