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STATE v. HUTZLER

No. 34158.

677 S.E.2d 655 (2009)

STATE of West Virginia, Plaintiff Below, Appellee, v. Michael S. HUTZLER, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 14, 2009.

Attorney(s) appearing for the Case

Kevin D. Mills, Esq., Mills & Wagner, Martinsburg, WV, for Michael S. Hutzler.

Christopher C. Quasebarth, Esq., Chief Deputy Prosecuting Attorney, Martinsburg, WV, for the State.

BENJAMIN, Chief Justice:

The appellant, Michael S. Hutzler, appeals his conviction of felony destruction of property in the Circuit Court of Berkeley County on the bases that the double jeopardy clauses of the federal and state constitutions bar the conviction and the State wrongfully destroyed evidence. After considering the parties' arguments, the record below, and the applicable law, we find no merit to the appellant's assignments of error. Accordingly, we affirm...

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