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STATE v. WHALEN

No. 31244.

588 S.E.2d 677 (2003)

214 W.Va. 299

STATE of West Virginia Plaintiff Below, Appellee, v. Dale Scott WHALEN, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 21, 2003.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, John A. Hoyer, Assistant Attorney General, Charleston, for Appellee.

Marla Zelene Harman, Esq., Franklin, for Appellant.

STARCHER, C.J.

In the instant case, we remand a case to the Circuit Court of Hardy County with instructions to allow a defendant to withdraw a guilty plea if he so wishes; if he does not, he is required to register as a sex offender.

I.

Facts & Background

The appellant, Dale Scott Whalen, was arrested on December 6, 2001, and charged with the offenses of burglary, petit larceny, and indecent exposure. He entered into a plea agreement...

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