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MILLER v. LUFF

No. 16482.

332 S.E.2d 111 (1985)

Jerry MILLER v. Edward T. LUFF, Judge.

Supreme Court of Appeals of West Virginia.

Rehearing Denied June 11, 1985.

Attorney(s) appearing for the Case

Hugh Rogers, Jr., Kerens, for petitioner.

Janet Frye Steele, Asst. Atty. Gen., Charleston, for respondent.

BROTHERTON, Justice:

This is a proceeding in mandamus, in which the petitioner, Jerry Miller, asks this Court to compel the Circuit Court of Taylor County to grant him credit against his current sentence for time served on a sentence imposed by the Circuit Court of Harrison County for a related offense. We find that petitioner is not entitled to credit where the first term of imprisonment was completed prior to final imposition of the second sentence. Accordingly...

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