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FOX v. STATE

No. 16872.

347 S.E.2d 197 (1986)

Timothy Eugene FOX v. STATE of West Virginia.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 3, 1986.

Concurring Opinion July 16, 1986.

Attorney(s) appearing for the Case

Edward L. Bullman, Moundsville, for appellant.

Atty. Gen. Charlie Brown, Asst. Atty. Gen. Jennifer Costello, Charleston, for appellee.

McGRAW, Justice:

This is an original proceeding in habeas corpus. The petitioner, Timothy Eugene Fox, seeks to have set aside a final order of the Circuit Court of Marshall County, entered October 19, 1984, which revoked his probation and sentenced him to imprisonment in the state penitentiary. We conclude that the circuit court abused its discretion in revoking the petitioner's probation, and we award the writ.

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