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STATE EX REL. SEXTON v. VICKERS

No. 32649.

619 S.E.2d 215 (2005)

217 W.Va. 702

STATE of West Virginia ex rel. Paul Dennis SEXTON, Petitioner, v. The Honorable Charles M. VICKERS, Judge of the Circuit Court of Fayette County, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 30, 2005.

Attorney(s) appearing for the Case

Thomas K. Fast, Fast Law Office, Fayetteville, for the Petitioner.

Carl L. Harris, Assistant Prosecuting Attorney, Fayette County, Fayetteville, for the Respondent.

PER CURIAM:

Paul Dennis Sexton (hereinafter referred to as "Petitioner") seeks a writ of prohibition from this Court to bar enforcement of the March 9, 2005, order of the Circuit Court of Fayette County that directs retrial of all charges of which Petitioner was convicted. Petitioner asserts that retrial of all charges, rather than only those charges which were incorrectly treated as felonies, offends due process principles. For the reasons set forth below, the writ...

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