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STATE v. CHANZE

No. 29810.

565 S.E.2d 379 (2002)

211 W.Va. 257

STATE of West Virginia, Plaintiff Below, Appellee, v. Chester CHANZE, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided April 5, 2002.

Dissenting Opinion of Chief Justice Davis April 26, 2002.

Concurring Opinion of Justice Starcher July 2, 2002.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Silas B. Taylor, Senior Deputy Attorney General, Charleston, for the Appellee.

Joseph J. Moses, Wheeling, for the Appellant.

ALBRIGHT, Justice.

Chester Chanze (hereinafter "Appellant") appeals from the December 20, 2000, final order of the Circuit Court of Marshall County which, following a bench trial on appeal, upheld Appellant's magistrate court conviction of the offense of petit larceny. Appellant contends that the circuit court erred in the appeal of his magistrate court conviction by denying his request for a de novo jury trial despite the fact that, due to an equipment malfunction...

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