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STATE EX REL. ROACH v. DIETRICK

No. 20005.

404 S.E.2d 415 (1991)

STATE of West Virginia ex rel. Benjamin ROACH, Petitioner, v. Jerry DIETRICK, Superintendent, Eastern Regional Jail, Respondent.

Supreme Court of Appeals of West Virginia.

Decided April 17, 1991.

Attorney(s) appearing for the Case

David H. Sanders, Public Defender Corp., Martinsburg, for petitioner.

Diana Cook Risavi, Pros. Atty., Martinsburg, for respondent.

MILLER, Chief Justice.

The petitioner, Benjamin Roach, seeks a writ of habeas corpus to obtain his release from the custody of the Department of Corrections. The petitioner was indicted for attempted aggravated robbery. On February 4, 1991, he pled guilty to second offense petit larceny, a felony that carries a mandatory sentence of one year in the penitentiary. See W.Va.Code, 61-11-20 (1923).1 He was given good time credit for...

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