State of West Virginia v. Allen (dissenting)

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No. 25980 - State of West Virginia v. Henry Theodore Allen, II FILED RELEASED January 6, 2000 Starcher, C. J., dissenting: January 7, 2000 DEBORAH L. McHENRY, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA DEBORAH L. McHENRY, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA I dissent because this defendant was clearly the subject of improper piling on of criminal charges. Why? Because he acted contemptuously toward the police. I also dissent because the sentence of 7 years in jail is contrary to our law s system of incarceration, where people serving long sentences go to prisons where there are rehabilitative opportunities. I would reverse the defendant s sentences and remand with an order requiring the imposition of concurrent sentences.

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