JETT v. LEVERETTE

No. 14118.

247 S.E.2d 469 (1978)

Danny Bruce JETT v. Bobby LEVERETTE, Superintendent, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion September 22, 1978.


Attorney(s) appearing for the Case

Terence M. Gurley, Schrader, Stamp & Recht, Wheeling, for relator.

Chauncey H. Browning, Jr., Atty. Gen., William D. Highland, Asst. Atty. Gen., Charleston, for respondent.


MILLER, Justice:

In this original habeas corpus proceeding the relator, Danny Bruce Jett, challenges the denial of credit on his underlying sentence for the time he spent on probation before its revocation. He contends the Double Jeopardy Clause, Article III, Section 5 of the West Virginia Constitution, requires that he be given credit for such time.

Heavy, if not total, reliance is placed on Conner v. Griffith...

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