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STATE EX REL. FORBES v. KAUFMAN

No. 19855.

404 S.E.2d 763 (1991)

STATE of West Virginia ex rel. William C. FORBES, Prosecuting Attorney for Kanawha County, Petitioner, v. Honorable Tod J. KAUFMAN, Judge of the Circuit Court of Kanawha County, and Willie "Doc" Williams, Respondents.

Supreme Court of Appeals of West Virginia.

Decided April 25, 1991.

Attorney(s) appearing for the Case

W. Warren Upton, Jackson & Kelly, Andrew A. Raptis, Charleston, for respondents.

Mary Beth Kershner, Assistant Pros. Atty., Charleston, for petitioner.

McHUGH, Justice:

In this original proceeding, the petitioner, William C. Forbes, Prosecuting Attorney of Kanawha County, seeks to prohibit the respondent, the Honorable Tod J. Kaufman, Judge of the Circuit Court of Kanawha County, from imposing a sentence on the defendant, Willie "Doc" Williams, in Felony Action No. 89-F-324(I), which is contrary to the sentence provided for in the plea agreement entered into by the defendant and the petitioner on January 17, 1990...

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