State v. Smith

This case is before this Court upon the appeal of Julian R. Smith from the June 4, 1993, order of the Circuit Court of Kanawha County. This order sentenced Smith to a term of forty years in the penitentiary upon his conviction of the offense of aggravated robbery. Pursuant to an intervening proceeding in habeas corpus, the Circuit Court entered an order on July 18, 2005, reimposing the forty year term and restoring Smith’s right to appeal to this Court. The appeal was granted in September 2006 and concerns Smith’s alleged participation with three others in the robbery of a Taco Bell…