State of West Virginia v. Zachary Elijah Bland

WALKER, Justice:

Petitioner Zachary Elijah Bland, defendant below (“Petitioner”), appeals the 1 May 18, 2016, order of the Circuit Court of Harrison County affirming his magistrate court conviction of the offense of domestic assault. Petitioner asserts that the magistrate court erred by instructing the jury on the offense of domestic assault when he was charged solely with domestic battery. Upon consideration of the parties’ briefs and arguments, the submitted record and pertinent authorities, we affirm the circuit court’s order.

I. FACTUAL AND PROCEDURAL BACKGROUND

Petitioner’s trial in…