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STATE EX REL. SERGENT v. NIBERT

No. 33327.

648 S.E.2d 26 (2007)

STATE of West Virginia ex rel. Mark G. SERGENT, Roane County Prosecuting Attorney, Petitioner, v. The Honorable David W. NIBERT, Judge of the Circuit Court of Roane County, and Robert Sarver, Defendant, Respondents.

Supreme Court of Appeals of West Virginia.

Decided: June 6, 2007.

Attorney(s) appearing for the Case

Mark G. Sergent, Roane County Prosecuting Attorney, Spencer, Pro Se.

Teresa C. Monk, Public Defender Corporation, Spencer, for the Respondent, Robert Sarver.

ALBRIGHT, Justice.

Petitioner Mark G. Sergent, Prosecutor of Roane County, seeks a writ of prohibition to prevent enforcement of the December 5, 2005, order of the Circuit Court of Roane County dismissing an indictment returned against Robert Sarver for the offense of driving with a revoked operator's license. As grounds for the dismissal, the trial court ruled that an individual who operates an all-terrain vehicle on a...

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