State v. Satterfield

NEELY, Justice:

The Circuit Court of Pleasants County dismissed a felony indictment of Cheryl L. Satterfield for third offense driving under the influence (hereinafter “DUI”) on the grounds that the State had elected to try her on the charge of second offense DUI in magistrate court. On appeal the State maintains that Ms. Satterfield had no entitlement to a trial in magistrate court and the indictment was not the result of legal overreaching. We agree and reverse the circuit court’s ruling.

In the early morning of 9 March 1988, Ms. Satterfield was arrested for DUI and taken before a magistrate.…