HUTCHINSON v. DIETRICH

No. 19483.

393 S.E.2d 663 (1990)

Irvin HUTCHINSON v. Jerry DIETRICH, Administrator, Eastern Regional Jail, and Honorable Thomas W. Steptoe, Jr., Judge of the Circuit Court of Morgan County.

Supreme Court of Appeals of West Virginia.

May 17, 1990.


Attorney(s) appearing for the Case

Kevin D. Mills, Public Defender Corp. for the 23rd and 31st Judicial Circuits, Martinsburg, for Irvin Hutchinson.

Charles Trump, Pros. Atty., Berkeley Springs, Jerry Dietrich, Adm'r, Martinsburg, Thomas W. Steptoe, Jr., Roger W. Tompkins, Atty. Gen., Richard M. Riffe, Sr. Asst. Atty. Gen., Charleston, for respondents.


BROTHERTON, Justice:

On August 14, 1989, the Circuit Court of Morgan County sentenced Irvin Hutchinson, the relator in this original habeas corpus proceeding, to two consecutive terms in the State penitentiary for delivery of marijuana and delivery of cocaine. In the present proceeding, the relator claims that he should have been granted probation. After reviewing the record, this Court disagrees with the relator's assertions. The Court, however, believes that the...

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