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LEEPER-EL v. HOKE

No. 11-1352.

741 S.E.2d 866 (2013)

Carlos A. LEEPER-EL, Petitioner Below, Petitioner v. Adrian HOKE, Warden, Huttonsville Correctional Center, Respondent Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided April 11, 2013.

Attorney(s) appearing for the Case

Christopher J. Prezioso, Esq. , Luttrell & Prezioso, PLLC, Charles Town, WV, for Petitioner.

Patrick Morrisey, Esq. , Attorney General, Marland L. Turner, Esq. , Assistant Attorney General, Charleston, WV, for Respondent.

PER CURIAM:

Petitioner Carlos A. Leeper-El ("Mr. Leeper-El") filed a petition for a writ of habeas corpus with the Circuit Court of Ohio County arguing that his plea agreement was defective because it contained a promise — that his state and federal sentences would be run concurrently — which was not fulfilled or that was unfulfillable. Mr. Leeper-El requested that he be discharged from state custody so that he could immediately begin serving his federal...

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