State v. Boyd

MAYNARD, Chief Justice:

The appellant, Clarence E. Boyd, was convicted in the Circuit Court of Berkeley County, West Virginia, for possession of a controlled substance after having been indicted for felony possession with intent to deliver. He requests that this Court set aside his conviction, finding that the statute of limitations had run on the misdemeanor offense. We decline to do so.

The facts are not in dispute. On October 18, 1997, the appellant was arrested and charged by criminal complaint with one felony count of possession with intent to deliver a Schedule I controlled substance,…