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STATE EX REL. STATE v. SIMS

No. 17-0156.

807 S.E.2d 266 (2017)

STATE of West Virginia EX REL. STATE of West Virginia, Petitioner, v. Honorable David J. SIMS, Judge of the Circuit Court of Ohio County, West Virginia; and Demetrius Moore Respondents.

Supreme Court of Appeals of West Virginia.

Filed: November 8, 2017.

Attorney(s) appearing for the Case

Scott R. Smith, Esq. , Ohio County Prosecuting Attorney, Michael J. Olejasz, Esq. , Assistant Prosecuting Attorney, Wheeling, West Virginia, Counsel for Petitioner

Mark D. Panepinto, Esq. , Panepinto Law Offices, Wheeling, West Virginia, Counsel for Respondent

Demetrius Moore pled guilty to one count of delivery of a controlled substance and second offense felony recidivism and was sentenced to a term of imprisonment of two to fifteen years. Following sentencing, Mr. Moore filed a motion for reconsideration, seeking to have his sentence suspended. Eventually, the circuit court granted...

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