State v. Harlow

MILLER, Chief Justice:

In this original habeas corpus the relator alleges his guilty plea should be set aside. He claims that the prosecutor violated the terms of the plea agreement and this provided sufficient cause to permit the defendant to withdraw his pleas under Rule 32(d) of the West Virginia Rules of Criminal Procedure since the motion to withdraw was made prior to sentencing.

The relator’s plea agreement was that he would plead guilty to one count of attempted delivery of a controlled substance, a misdemeanor, and would plead nolo conten-dere to two counts of petit larceny by infor…