State of West Virginia ex rel. Mark A. Sorsaia, Prosecuting Attorney for Putnam County v. Honorable Phillip M. Stowers, Judge of the Circuit Court of Putnam County, and Caleb Toparis

Summary

The Supreme Court of Appeals of West Virginia granted a writ of prohibition sought by the Putnam County prosecuting attorney after the circuit court dismissed misdemeanor charges against Caleb Toparis on speedy-trial grounds. The court held that a defendant who voluntarily waives trial in magistrate court and transfers misdemeanor charges to circuit court is governed by the circuit court three-term rule rather than the one-year magistrate-court rule. The court further held that the three-term rule is triggered by the return of a valid indictment, presentment, or information, vacated the dismissal order, and remanded the case.

Holdings

1. The State may obtain a writ of prohibition where the circuit court exceeded its legitimate powers by dismissing the misdemeanor charges under an erroneous speedy-trial rule.
2. When a magistrate court grants a defendant's voluntary waiver of trial in magistrate court and transfers a misdemeanor charge to circuit court, the State is not required to bring the defendant to trial within one year of execution of the criminal warrant under the magistrate-court rule. The defendant's speedy-trial right is thereafter governed by West Virginia Code section 62-3-21.
3. The three-term rule in West Virginia Code section 62-3-21 is triggered by the return of a valid indictment, presentment, or information.
4. Toparis was not denied a speedy trial because, after the information was filed, he was scheduled for trial during the first full term of circuit court, well within the three-term rule.

Questions Presented

1. Whether the State could obtain a writ of prohibition against the circuit court's dismissal of misdemeanor charges on speedy-trial grounds.
2. Whether a defendant who voluntarily waives trial in magistrate court and transfers misdemeanor charges to circuit court remains subject to the one-year magistrate-court speedy-trial rule.
3. Whether the three-term rule in West Virginia Code section 62-3-21 is triggered by the filing of a valid information as well as by an indictment or presentment.
4. Whether Toparis's right to a speedy trial was violated under the applicable circuit-court rule.

Disposition

writ_granted