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IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA

January 2010 Term
____________FILED March 11, 2010
No. 35130
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.
WILLIAM M.,
Defendant Below, Appellant

Appeal from the Circuit Court of Pleasants County
Honorable Robert Holland
Criminal Case No. 06-F-6

REVERSED AND REMANDED

Submitted: March 3, 2010
Filed: March 11, 2010

Scott A. Windom, Esq. Timothy L. Sweeney, Esq. Paul V. Morrison, II, Esq. Prosecuting Attorney of Harrisville, West Virginia Pleasants County, West Virginia Attorneys for Appellant St. Marys, West Virginia
Attorney for Appellee
JUSTICE KETCHUM delivered the Opinion of the Court.
JUSTICE BENJAMIN concurs and reserves the right to file a separate opinion.
SYLLABUS BY THE COURT

1.

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West Virginia Law