State of West Virginia v. Marty Atwell (Separate)

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13-0982 State of WV v. Marty Atwell FILED October 23, 2014 RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA Justice Ketchum, dissenting: The defendant entered into a plea agreement. The agreement provided that the defendant agreed to pay the amount of restitution recommended by the Adult Probation Department. The restitution recommendation was contained in the department s presentence report. The judge imposed restitution in the amount set out in the report. The defendant did not object to the presentence report or the restitution imposed by the judge. A deal is a deal. The State met its burden of proof by relying on the presentence report. The restitution award was proper. Therefore, I dissent.

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