State of WV v. James W. Young, Jr., The Honorable Debra Ditto, Magistrate

Hutchison, Justice:

This appeal was brought by the Petitioner, James W. Young, Jr., from the October 10, 2017, order of the Circuit Court of Morgan County that granted relief to the State in a writ of prohibition proceeding. The circuit court's order prohibited enforcement of an order by a Morgan County magistrate that granted deferred adjudication to the Petitioner, in a criminal prosecution for driving under the influence (DUI) second offense. In this appeal, the Petitioner alleges the circuit court applied the wrong statute in order to grant relief to the State. Upon careful review of the…