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West Virginia court overturns life sentence in assault case

November 15, 2017

CHARLESTON, W.Va. (AP) — The West Virginia Supreme Court says a man’s sentence to life in prison under a recidivism law was too harsh.

The Charleston Gazette-Mail reports the justices on Tuesday reversed the sentence imposed on Marc A. Kilmer in 2014. His case was ordered returned to Berkeley County Circuit Court for a new sentence on one count of unlawful assault.

A jury convicted Kilmer of two counts each of unlawful assault and domestic battery and one count of second-degree sexual assault. A prosecutor requested a life sentence based on state law that allows a sentence enhancement against people convicted of repeated felonies.

Kilmer was previously convicted for operating a vehicle without a driver’s license that had been revoked for driving under the influence. The justices said those felony convictions did not involve actual or threatened violence.


Information from: The Charleston Gazette-Mail, http://wvgazettemail.com.

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