STATE v. WEARS

No. 33529.

665 S.E.2d 273 (2008)

STATE of West Virginia, Plaintiff Below, Appellee, v. Joshua C. WEARS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided: June 26, 2008.


Attorney(s) appearing for the Case

Thomas H. Peyton, Esq., Peyton Law Firm, Nitro, for Appellant.

Darrell V. McGraw, Jr., Esq., Attorney General, Robert D. Goldberg, Esq., Assistant Attorney General, Charleston, for Appellee.


PER CURIAM.

The instant action is before this Court upon the appeal of Joshua C. Wears [hereinafter "Appellant"] from a December 28, 2006, sentencing order sentencing him to not less than one nor more than five years in the State penitentiary, with credit for two hundred sixteen (216) days time served upon a conditional guilty plea to one count of Third Degree Sexual Assault. Herein, the Appellant alleges that he is entitled to additional days of credit for time served...

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