STATE v. HILLBERRY

No. 12-1183.

754 S.E.2d 603 (2014)

STATE of West Virginia, Plaintiff Below, Respondent v. Roy Franklin HILLBERRY, II, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided January 29, 2014.


Attorney(s) appearing for the Case

Kevin T. Tipton, Esq. , Fairmont, WV, for the Petitioner.

Patrick Morrisey , Attorney General, Christopher Dodrill , Assistant Attorney General, Marland L. Turner, Esq. , Assistant Attorney General, Charleston, WV, for the Respondent.


Justice KETCHUM:

The defendant, Roy Franklin Hillberry, II, was convicted by a jury of the armed robbery of a gambling parlor. He appeals his conviction for robbery in the first degree and his sentence to imprisonment for life as a recidivist. Having considered the appendix record, the arguments and the briefs of the parties, the defendant's conviction and sentence are affirmed.

I. Factual Background

On July 15, 2009, a man robbed the High Life Lounge...

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