State of West Virginia v. Belinda Ann Fuller

Justice Ketchum:

Petitioner Belinda Ann Fuller (“Defendant Fuller”) appeals an order of the Circuit Court of Cabell County denying her motion to dismiss an indictment charging her with a felony crime—third offense of soliciting an act of prostitution in violation of W.Va. Code § 61-8-5(b) [1943]. Under W.Va. Code § 61-8-5(b), it is a misdemeanor crime to be convicted of the first or second offense of soliciting, inducing, enticing, procuring, aiding, abetting, or participating in an act of prostitution. Additionally, W.Va. Code § 61-8-5(b) provides that the third or subsequent violation of the…