STATE EX REL. HOOSIER v. WATERS

No. 30435.

566 S.E.2d 258 (2002)

211 W.Va. 371

STATE of West Virginia, ex rel. Dennis Nelson HOOSIER, Jr., Petitioner, v. Honorable Robert A. WATERS, Judge of the Circuit Court of Wood County, and Honorable Virginia A. Conley, Prosecuting Attorney of Wood County, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 10, 2002.


Attorney(s) appearing for the Case

Carl P. Bryant, Esq., Bryant & White, St. Marys, for Petitioner.

Jodie M. Boylen, Assistant Prosecuting Attorney, Parkersburg, for Respondents.


PER CURIAM.

In this petition for a writ of prohibition, a criminal defendant was indicted in the Circuit Court of Wood County on two misdemeanor charges and one felony charge. The misdemeanor charges had, prior to the indictment, been filed in magistrate court and later dismissed without prejudice. The defendant filed a motion to have those misdemeanor offenses severed from the indictment and remanded to magistrate court...

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