State v. Tamez

McHugh, Justice:

This action is before this Court upon the petition of Michael M. Tamez (hereinafter “defendant”) for an appeal from his 1978 felony conviction in the Circuit Court of Hampshire County, West Virginia, of the offense of delivery of a controlled substance. On October 18, 1978, the defendant was sentenced to imprisonment for a term *384of not less than one nor more than 15 years.1 This Court has before it the defendant’s petition for a writ of error, all matters of record and the briefs filed by counsel.

On September 5, 1978, a Hampshire County grand jury returned an indictment…