State of West Virginia v. Wesley Owen Payne

STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS State of West Virginia, FILED Plaintiff Below, Respondent November 21, 2016 RORY L. PERRY II, CLERK vs) No. 15-0582 (McDowell County 14-F-62-M) SUPREME COURT OF APPEALS OF WEST VIRGINIA Wesley Owen Payne, Defendant Below, Petitioner MEMORANDUM DECISION Petitioner Wesley Owen Payne, by counsel Thomas H. Evans III, appeals the Circuit Court of McDowell County’s May 14, 2015, order resentencing him to a term of incarceration of thirty years for his conviction of second-degree murder. The State, by counsel Jonathan E. Porter, filed a response. On…