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STATE EX REL. SIMPKINS v. HARVEY

No. 15769.

305 S.E.2d 268 (1983)

STATE ex rel. Florida SIMPKINS v. Hon. Robert HARVEY, Judge, etc.

Supreme Court of Appeals of West Virginia.

June 29, 1983.

Attorney(s) appearing for the Case

William W. Pepper and Andrew S. Nason, Charleston, for relator.

Chauncey H. Browning, Jr., Atty. Gen., and Gregory W. Bailey, Deputy Atty. Gen., Charleston, for respondent.

McGRAW, Chief Justice:

In this original proceeding, Florida Simpkins, the petitioner, seeks to compel the Honorable Robert Harvey, Judge of the Circuit Court of Kanawha County, the respondent, to order the preparation of a presentence investigation report, and to prohibit him from proceeding to try the petitioner until such report has been prepared. The underlying issue presented in this proceeding is whether W.Va.Code § 17C-5-2 (Cum.Supp.1982) imposes a mandatory...

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