State of West Virginia v. Mitchell Coles

DAVIS, Chief Justice:

This criminal appeal was filed by Mitchell Coles (hereinafter “Mr. Coles”) from an order of the Circuit Court of Monongalia County that denied his Motion for Correction of Sentence. Mr. Coles’ motion sought to vacate one of two felony charges he pled guilty to under Case No. 99-F-28. Mr. Coles argued below and now on appeal that the two felony convictions violated double jeopardy principles. After a careful review of the briefs, the record submitted on appeal and listening to the argument of the parties, we affirm.

I

FACTUAL AND PROCEDURAL HISTORY

On January 7, 1999, a grand…