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STATE EX REL. GILLESPIE v. KENDRICK

No. 14731.

265 S.E.2d 537 (1980)

STATE ex rel. Everett Ray GILLESPIE v. Earl G. KENDRICK, Sheriff, etc., et al.

Supreme Court of Appeals of West Virginia.

April 4, 1980.

Attorney(s) appearing for the Case

John R. Frazier, Princeton, for relator.

Chauncey H. Browning, Jr., Atty. Gen., Joseph C. Cometti, Asst. Atty. Gen., Charleston, for respondent.

HARSHBARGER, Justice:

This original proceeding in prohibition and habeas corpus seeks Everett Ray Gillespie's immediate release from the Mercer County Jail and an order prohibiting that county's Circuit Court from adding thirty-two days to his sentence.

Gillespie pled guilty on November 21, 1978 to attempting to commit a felony. On November 30, 1978, he was sentenced to serve one year in the county jail to begin December 4, 1978. The sentencing order provided...

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