State Ex Rel. Simpkins v. Harvey

McGRAW, Chief Justice:

In this original proceeding, Florida Simp-kins, the petitioner, seeks to compel the Honorable Robert Harvey, Judge of the Circuit Court of Kanawha County, the respondent, to order the preparation of a presentence investigation report, and to prohibit him from proceeding to try the petitioner until such report has been prepared. The underlying issue presented in this proceeding is whether W.Va.Code § 17C-5-2 (Cum.Supp.1982) imposes a mandatory penitentiary sentence precluding release on probation pursuant to W.Va. §§ 62-12-2, -3 (Cum.Supp.1982), or imprisonment in a…