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STATE EX REL. THOMPSON v. POMPONIO

No. 13-1036.

757 S.E.2d 636 (2014)

STATE of West Virginia Ex Rel. Bryan D. THOMPSON, Petitioner v. The Honorable Joseph C. POMPONIO, Judge of the Circuit Court of Pocahontas County and Eugene M. Simmons, Prosecuting Attorney For Pocahontas County, West Virginia, Respondents.

Supreme Court of Appeals of West Virginia.

Decided April 23, 2014.

Attorney(s) appearing for the Case

J. Steven Hunter, Esq. , Steven Hunter Associates, l.c., Lewisburg, WV, for Petitioner Bryan D. Thompson.

Robert P. Martin, Esq. , Assistant Prosecuting Attorney, Marlinton, WV, for Respondent Eugene M. Simmons.

LOUGHRY, Justice:

The petitioner, Bryan D. Thompson, invokes this Court's original jurisdiction1 by seeking a writ of prohibition to prevent his prosecution on charges of breaking and entering and grand larceny. The petitioner contends that those charges were previously dismissed pursuant to a court-approved plea agreement. For the reasons set forth below, we grant the requested writ.

I. Factual and Procedural Background

...

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