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MIRANDY v. SMITH

No. 14-1255.

787 S.E.2d 634 (2016)

Patrick MIRANDY, Warden, St. Mary's Correctional Center, Respondent Below, Petitioner v. Gregg D. SMITH, Petitioner Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: June 8, 2016.

Attorney(s) appearing for the Case

Patrick Morrisey, Esq. , Attorney General, Derek A. Knopp, Esq. , Assistant Attorney General, Charleston, West Virginia, Counsel for the Petitioner.

Matthew T. Yanni, Esq. , Yanni Law Firm, Martinsburg, West Virginia, Counsel for the Respondent.

In a December 19, 2014, order, the Circuit Court of Ritchie County dismissed respondent Gregg D. Smith's conviction for malicious assault involving a firearm, determining that his convictions for both malicious assault involving a firearm and wanton endangerment involving a firearm offended double jeopardy principles. The petitioner...

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