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BROOKS v. NARICK

No. 13893.

243 S.E.2d 841 (1978)

James Michael BROOKS v. Honorable Steven NARICK, Judge, et al.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion May 5, 1978.

Attorney(s) appearing for the Case

Hague, Rudolph, Hague & Lantz, Eugene T. Hague, Sr. and George E. Lantz, Parkersburg, for relator.

Chauncey H. Browning, Jr., Atty. Gen., Richard E. Hardison, Deputy Atty. Gen., Charleston, for respondents.

HARSHBARGER, Justice:

James Michael Brooks was indicted in Marshall County for delivery of marijuana. On the scheduled trial date a plea bargain was made whereby he agreed to (1) plead guilty, (2) go to Huttonsville Correctional Center for a sixty day evaluation and diagnostic study, (3) begin his confinement on July 12, 1976, and (4) pay court costs of $656.90.

The state agreed to drop all other charges pending...

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