State Ex Rel. Gessler v. Mazzone

This matter is before this Court upon a writ of prohibition filed by Thomas “T.J.” Gessler, Jr. (hereinafter “Petitioner”) seeking to prevent the enforcement of a May 3, 2002, order of the Circuit Court of Ohio County reinstating six counts of an indictment against the Petitioner. The Petitioner contends that a plea agreement in which he pled guilty to two counts in exchange for the dismissal of the remaining six counts with prejudice should not have been set aside by the lower court. Upon thorough review of this matter, this Court concludes that the lower court correctly resolved this…