State v. Carter

MAYNARD, Justice:

The appellant, Robert Eugene Carter, appeals the September 26, 1997 final order of the Circuit Court of Berkeley County, West Virginia, wherein he was sentenced for the conviction of two counts of malicious assault on a correctional officer and one count of battery upon a correctional officer. He contends he should not have been brought to trial because the State violated the three-term rule, W.Va.Code § 62-3-21 (1959). The State argues it complied with the three-term rule because the appellant had not been arraigned, even though he had been indicted, for more than three…