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KENNEDY v. FRAZIER

No. 17501.

357 S.E.2d 43 (1987)

John KENNEDY v. Hon. John R. FRAZIER, Judge, etc.

Supreme Court of Appeals of West Virginia.

Rehearing Denied June 3, 1987.

Attorney(s) appearing for the Case

David C. Smith, Princeton, for appellant.

Charles G. Brown, Atty. Gen., David W. Johnson, Asst. Atty. Gen., Charleston, for appellees.

NEELY, Justice:

The petitioner, John Kennedy, was indicted on a two count indictment. Petitioner and the prosecuting attorney entered into a plea agreement under which petitioner would plead guilty to delivery of marijuana in return for dismissal of a second charge, delivery of oxycodone. In addition to dismissal of the second charge, the prosecution also agreed not to seek an enhanced sentence under W.Va.Code, 61-11-18 [1943], or W.Va.Code, 60A-4-408...

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