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IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA
September 2007 Term
_____________ FILED October 12, 2007
No. 33297 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.
THOMAS JOSEPH MACPHEE,
Defendant Below, Appellant

Appeal from the Circuit Court of McDowell County
Honorable Rudolph J. Murensky, II, Judge
Criminal Case No. 03-F-153

AFFIRMED


Submitted: September 18, 2007
Filed: October 12, 2007

E. Taylor George, Esq. Sidney H. Bell, Esq. Assistant Public Defender McDowell County Prosecuting Attorney Robert C. Catlett, Esq. Welch, West Virginia Assistant Public Defender Attorney for the Appellee Kanawha County Public Defender Office Charleston, West Virginia Attorneys for the Appellant
The Opinion of the Court was delivered PER CURIAM.
JUSTICE MAYNARD concurs and reserves the right to file a concurring opinion.


SYLLABUS BY THE COURT
1.

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