BUNNER v. WHYTE

Civ. A. No. 80-0091-E.

505 F.Supp. 132 (1981)

John D. BUNNER, Petitioner, v. William R. WHYTE, Superintendent of West Virginia State Medium Security Prison at Huttonsville, West Virginia, and John C. Browning, Attorney General of the State of West Virginia, Respondents.

United States District Court, N. D. West Virginia, Elkins Division.

January 12, 1981.


Attorney(s) appearing for the Case

Clark Frame, Morgantown, W. Va., for petitioner.

Chauncey H. Browning, Atty. Gen., Charleston, W. Va., for respondents.


OPINION

MAXWELL, Chief Judge.

Petitioner John D. Bunner was convicted in the Circuit Court of Mineral County on May 18, 1979 upon his plea of guilty on two felony counts of receiving stolen property. On August 20, 1979, Petitioner was sentenced to imprisonment for two consecutive terms, each being West Virginia's statutorily mandated sentence of not less than one year nor more than ten years. Petitioner, after having exhausted his remedies in the state courts...

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