Kennedy v. Frazier

NEELY, Justice:

The petitioner, John Kennedy, was indicted on a two count indictment. Petitioner and the prosecuting attorney entered into a plea agreement under which petitioner would plead guilty to delivery of marijuana in return for dismissal of a second charge, delivery of oxycodone. In addition to dismissal of the second charge, the prosecution also agreed not to seek an enhanced sentence under W.Va.Code, 61-11-18 [1943], or W.Va.Code, 60A-4-408 [1971].

The petitioner and his counsel first presented the plea agreement to the respondent judge on 25 September 1986, but at that time the…