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IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA
September 2004 Term
___________ FILED December 3, 2004

No. 31720 released at  3:00 p.m. RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA
STATE OF WEST VIRGINIA, Plaintiff Below, Appellee
v.
BRIAN BUSH FERGUSON, Defendant Below, Appellant
Appeal from the Circuit Court of Monongalia County Hon. Robert B. Stone, Judge Case No. 02-F-95
AFFIRMED
Submitted:  November 9, 2004 Filed: December 3, 2004
Marcia Ashdown James B. Zimarowski, Esq. Prosecuting Attorney Franklin D. Cleckley, Esq. Perri DeChristopher Morgantown, West Virginia Assistant Prosecuting Attorney Attorneys for Appellant Morgantown, West Virginia Attorneys for Appellee
The Opinion of the Court was delivered PER CURIAM.
SYLLABUS BY THE COURT
1.

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