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STATE v. VARLAS

No. 19-0005.

844 S.E.2d 688 (2020)

STATE of West Virginia, Plaintiff Below, Respondent v. Nicholas VARLAS, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Filed: June 11, 2020.

Dissenting Opinion of Justice Hutchison June 16, 2020.

Attorney(s) appearing for the Case

Carl A. Frankovitch, Esq. , M. Eric Frankovitch, Esq. , FRANKOVITCH, ANETAKIS, SIMON, DECAPIO & PEARL, LLP, Weirton, West Virginia, Counsel for Petitioner.

Patrick Morrisey, Esq. , Attorney General, Caleb A. Ellis, Esq. , Assistant Attorney General, Andrea Nease Proper , Assistant Attorney General, Charleston, West Virginia, Counsel for Respondent.

In 2014, Petitioner Nicholas Varlas was convicted of attempted sexual abuse in the first degree1 and sexual assault in the second degree.2 For the latter crime, he was sentenced by the Circuit Court of Brooke County to ten to twenty-five years' incarceration, but that sentence...

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