State v. Merritt

This case is before the Court on appeal from an October 20, 2005, Order of the Circuit Court of Wood County, which denied Appellant’s petition for modification of his sentence. This Court has before it the petition for appeal, the briefs of the parties, and all matters of record. Following the arguments of the parties and a review of the record herein, this Court finds that the matter is moot. Accordingly, the matter is dismissed from the Court’s docket.

I

FACTS

On January 1, 2005, Appellant Bryan Anthony Merritt was arrested and charged with driving under the influence of a controlled…