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STATE EX REL. GESSLER v. MAZZONE

No. 30626.

572 S.E.2d 891 (2002)

212 W.Va. 368

STATE of West Virginia ex rel. Thomas "T.J." GESSLER, Jr., Petitioner, v. Honorable James P. MAZZONE, Judge of the Circuit Court of Ohio County, and the State of West Virginia, Respondents.

Supreme Court of Appeals of West Virginia.

Decided October 11, 2002.

Attorney(s) appearing for the Case

Elgine Haceta McArdle, McArdle Law Office, Wheeling, West Virginia, Attorney for the Petitioner.

David F. Cross, Assistant Prosecuting Attorney, Ohio County, Wheeling, West Virginia, Attorney for the Respondents.

PER CURIAM:

This matter is before this Court upon a writ of prohibition filed by Thomas "T.J." Gessler, Jr. (hereinafter "Petitioner") seeking to prevent the enforcement of a May 3, 2002, order of the Circuit Court of Ohio County reinstating six counts of an indictment against the Petitioner. The Petitioner contends that a plea agreement in which he pled guilty to two counts in exchange for the dismissal of the remaining...

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