State of West Virginia v. Tracy A. Back

Jenkins, Justice:

Tracy Back ("Mr. Back") herein appeals from the April 20, 2017, order of the Circuit Court of Pocahontas County sentencing him to a term of incarceration of one to three years for his conviction of one felony count of threatening to commit a terrorist act in violation of W. Va. Code § 61-6-24 (b) (LexisNexis 2014). Although Mr. Back raises four assignments of error, this case is resolved by addressing only two issues. First, Mr. Back claims that the circuit court erred by failing to dismiss the indictment against him based upon misleading evidence submitted to the grand jury.…