STATE v. BOYD

No. 27661.

543 S.E.2d 647 (2000)

209 W.Va. 90

STATE of West Virginia, Plaintiff Below, Appellee, v. Clarence E. BOYD, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 12, 2000.


Attorney(s) appearing for the Case

Pamela Jean Games-Neely, Esq., Prosecuting Attorney, Christopher C. Quasebarth, Esq., Assistant Prosecuting Attorney, Martinsburg, West Virginia, Attorneys for the Appellee.

John P. Adams, Esq., Vito Mussomeli, Esq., Public Defender Corporation, Martinsburg, West Virginia, Attorneys for the Appellant.


MAYNARD, Chief Justice:

The appellant, Clarence E. Boyd, was convicted in the Circuit Court of Berkeley County, West Virginia, for possession of a controlled substance after having been indicted for felony possession with intent to deliver. He requests that this Court set aside his conviction, finding that the statute of limitations had run on the misdemeanor offense. We decline to do so.

The facts are not in dispute. On October 18, 1997, the appellant was...

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