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STATE v. KEEFER

No. 21-0490.

880 S.E.2d 106 (2022)

STATE of West Virginia, Plaintiff Below, Respondent, v. Emily J. KEEFER, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Concurring and Dissenting Opinion of Justice Wooton November 9, 2022.

Attorney(s) appearing for the Case

Dylan K. Batten, Esq. , Public Defender, Martinsburg, West Virginia, Attorney for the Petitioner.

Patrick Morrisey, Esq. , Attorney General, Andrea Nease Proper, Esq. , Assistant Attorney General, Charleston, West Virginia, Attorneys for the Respondent.

Petitioner, Emily J. Keefer ("Ms. Keefer"), appeals an order of the Circuit Court of Berkeley County, entered on May 19, 2021, denying her motion to reduce her sentence pursuant to Rule 35(b) of the West Virginia Rules of Criminal Procedure. Rule 35(b) provides, in relevant part, that "[a] motion to

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