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STATE v. SHELTON

No. 25019.

512 S.E.2d 568 (1998)

204 W.Va. 311

STATE of West Virginia, Plaintiff Below, Appellee, v. Nathan SHELTON, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 3, 1998.

Attorney(s) appearing for the Case

Michael Thompson, Prosecuting Attorney, Charles Town, West Virginia, Darrell V. McGraw, Jr., Attorney General, Gail I. Michelson, Assistant Attorney General, Charleston, West Virginia, Attorneys for the Appellee.

Deborah Lawson, Public Defender Corp., Charles Town, West Virginia, Attorney for the Appellant.

McCUSKEY, Justice.

This case is before the Court upon the appeal of Nathan Ira Shelton, from a November 3, 1997, order of the Circuit Court of Jefferson County, which rejected his petition for home incarceration, despite his fitness for an alternative sentence, upon the grounds that he was unable to pay the mandatory home incarceration costs. The Circuit Court of Jefferson County believed that it had no authority to order the Department of Probation to waive the fees...

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