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STATE v. KILMER

No. 15-0859.

808 S.E.2d 867 (2017)

STATE of West Virginia Plaintiff Below, Respondent v. Marc A. KILMER Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Filed: November 14, 2017.

Attorney(s) appearing for the Case

Douglas F. Kobayashi, Esq. , KOBY LAW, Martinsburg, West Virginia, Counsel for the Petitioner.

Catherine Wilkes-Delligatti, Esq. , Christopher C. Quasebarth, Esq. , Berkeley County Prosecuting Attorneys' Office, Martinsburg, West Virginia, Counsel for the Respondent.

Kevin J. Watson, Esq. , Martinsburg, West Virginia, Counsel for the Petitioner.

Marc A. Kilmer was sentenced to life in prison under the recidivist statute based upon a predicate felony conviction for unlawful assault and two prior felony convictions for driving while license revoked for driving under the influence (DUI). Mr. Kilmer argues on appeal that his life sentence violates the proportionality clause...

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