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BALL v. WHYTE

No. 14825.

294 S.E.2d 270 (1982)

Curtis L. BALL v. William WHYTE, Superintendent Huttonsville Correctional Center.

Supreme Court of Appeals of West Virginia.

July 15, 1982.

Attorney(s) appearing for the Case

Michael & Kupec and Thomas W. Kupec, Clarksburg, for appellant.

Chauncey H. Browning, Atty. Gen. and Robert D. Pollitt, Asst. Atty. Gen., Charleston, for appellee.

NEELY, Justice:

This is an appeal by Curtis L. Ball from an order of the Circuit Court of Harrison County which sentenced him to one to ten years in the penitentiary for breaking and entering in violation of W.Va.Code, 61-3-11 [1973].

During the January 1977 Term of the Harrison County Grand Jury, a four count indictment was returned against the appellant for breaking and entering. On June 30, 1977, pursuant to a written plea bargain agreement, the...

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