State of West Virginia v. Anthony Soustek

WORKMAN, Justice:

This case is before the Court upon the appeal from the circuit court’s March 11, 2013, order sentencing 1 the Petitioner, Anthony Soustek, based upon a conditional plea 2 to one felony count of identity theft relating to a bail agreement, one count of misdemeanor simple possession, and one count of a misdemeanor DUI. 3 The conditional plea permitted the Petitioner to appeal the circuit court’s ruling denying his motion to dismiss the two felony counts in the indictment relating to identity theft 4 based upon the argument that the criminal bail agreement and the affidavit of…