State v. Folse (Signed Opinion)
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The Supreme Court reversed the order of the circuit court dismissing Petitioner's appeal from his plea of no contest to obstructing an officer on the basis that Petitioner's no-contest plea in magistrate court resolved the case and barred Petitioner from pursuing appellate review in circuit court, holding that the circuit court erred in dismissing the appeal.
Petitioner pled no contest in magistrate court to obstructing an officer and attempted to appeal the conviction to the circuit court. The circuit court dismissed the appeal, reasoning that Petitioner's no-contest plea in magistrate court barred him from pursuing appellate review in circuit court. The Supreme Court reversed, holding (1) under W.Va. Code 50-5-13(a) a defendant such as Petitioner may timely appeal a conviction in magistrate court to circuit court; and (2) section 50-5-13(a) and (b) afforded Petitioner a trial de novo, to the circuit court, without a jury.
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