STATE v. SEARS

No. 27766.

542 S.E.2d 863 (2000)

208 W.Va. 700

STATE of West Virginia, Plaintiff below, Appellee, v. Evan Lamarr SEARS, Defendant below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 5, 2000.

Dissenting Opinion of Chief Justice Maynard December 6, 2000.


Attorney(s) appearing for the Case

Christopher C. Quasebarth, Esq., Assistant Prosecuting Attorney, Martinsburg, for the Appellee.

Robert E. Barrat, Esq., Martinsburg, for the Appellant.


STARCHER, Justice:

On appeal, Evan Sears ("Sears") alleges that the judge of the Circuit Court of Berkeley County erred by refusing to examine the substance of a plea agreement reached between Sears and the county prosecutor, electing instead to follow a "local rule" prohibiting plea agreements submitted after pretrial hearings. For reasons explained in this opinion, we reverse the decision of the circuit court and remand this matter for further proceedings.

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