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STATE v. FITZSIMMONS

No. 11-0977.

743 S.E.2d 341 (2013)

STATE of West Virginia, Plaintiff Below, Respondent v. Elliot FITZSIMMONS, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided May 17, 2013.

Attorney(s) appearing for the Case

Gerald G. Jacovetty, Jr., Esq. , Wheeling, WV, for Petitioner.

Patrick Morrisey, Esq. , Attorney General, Laura Young, Esq. , Assistant Attorney General, Charleston, WV, for Respondent.

PER CURIAM:

The instant case is before the Court upon the appeal of Petitioner, Elliot Fitzsimmons, from a May 16, 2011, order of the Circuit Court of Ohio County which denied Petitioner's request for a continuance and for discovery, upheld the expulsion of the Petitioner from the program at the Anthony Center for Youthful Offenders, and denied Petitioner's motion for credit for time served at the Anthony Center. In this appeal, Petitioner alleges that the circuit...

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