Riley v. Ziegler

McGraw, Justice:

Petitioner was indicted by a Harrison County grand jury and charged with the violation of W.Va. Code § 61-3-12. The indictment arising out of a single incident was drawn in the two alternative counts of breaking and entering in the nighttime and breaking and entering in the daytime. Petitioner pleaded guilty to the felony offense of breaking and entering and was sentenced for not less than one year nor more than ten years, the statutory penalty for the offense of breaking and entering. He later filed a petition pro se for a writ of mandamus with this Court, and we granted his…