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SMITH v. HEDRICK

No. 18667.

382 S.E.2d 588 (1989)

Bernard SMITH v. Jerry C. HEDRICK, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

July 20, 1989.

Attorney(s) appearing for the Case

Mark G. Sergent, Spencer, for Bernard Smith.

Edward L. Bullman, Charleston, for appellee.

BROTHERTON, Chief Justice:

In this proceeding, Bernard Smith appeals the June 8, 1987, final order of the Circuit Court of Calhoun County, which denied his petition for a writ of habeas corpus.

Bernard Smith was found guilty of first degree sexual assault on March 13, 1985, and on April 26, 1985, he was sentenced to serve not less than ten nor more than twenty years in the State penitentiary. Smith orally advised the court that he wished to appeal his conviction...

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