STATE EX REL. HANLEY v. HEY

No. 14352.

255 S.E.2d 354 (1979)

STATE ex rel. Cletus B. HANLEY, Prosecuting Attorney v. John HEY, Judge, Circuit Court of Kanawha County.

Supreme Court of Appeals of West Virginia.

May 22, 1979.


Attorney(s) appearing for the Case

Chauncey H. Browning, Jr., Atty. Gen., Richard E. Hardison, Deputy Atty. Gen., Frances W. McCoy, Asst. Atty. Gen., Charleston, for relator.

Marvin W. Masters, Charleston, for respondent.


McGRAW, Justice:

We granted a rule to show cause in this prohibition proceeding to consider the narrow and limited question of whether a circuit court has the power to continue the probation of an individual who is adjudged in a final revocation hearing to have violated a condition of his probation by committing a felony. We answer the question in the negative and say that the respondent trial court exceeded its legitimate powers by granting probation. We grant the...

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