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STATE v. ATWELL

No. 13-0982.

765 S.E.2d 182 (2014)

STATE of West Virginia, Plaintiff Below, Respondent v. Marty ATWELL, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided: October 23, 2014.

Concurring and Dissenting Opinion Of Justice Loughry November 6, 2014.

Attorney(s) appearing for the Case

Charles R. Hamilton, Esq. Hamilton Law Office Charleston, WV Attorney for the Petitioner.

Patrick Morrisey, Esq. , Attorney General, Laura Young , Assistant Attorney General, Julie A. Warren, Esq. , Assistant Attorney General, Charleston, WV, Attorneys for the Respondent.

The petitioner, Marty Atwell, appeals the August 21, 2013, order of the Circuit Court of Kanawha County that denied his motion requesting a reduction in the amount of restitution he was ordered to pay after pleading guilty to Nighttime Burglary by Way of Entering Without Breaking and Grand Larceny. For the reasons stated herein...

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