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STATE v. ERVIN

No. 14-0919.

792 S.E.2d 309 (2016)

STATE of West Virginia, Plaintiff Below, Respondent v. Denny Franklin ERVIN, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided: May 20, 2016.

Attorney(s) appearing for the Case

Michael J. Sharley, Esq. , Westover, WV, and Richard M. Gutmann, Esq. , Morgantown, WV, for Petitioner.

Patrick Morrisey, Esq. , Attorney General, Shannon Frederick Kiser, Esq. , Assistant Attorney General, Charleston, WV, for Respondent.

The petitioner, Denny Franklin Ervin, appeals the June 18, 2014, final order of the Circuit Court of Preston County denying his motion for judgment of acquittal or, alternatively, a new trial and sentencing him to life in prison for his jury conviction of murder in the first degree without a recommendation of mercy and a determinate...

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