October 28th, 2010
The State of West Virginia presents its petition for appeal on the following certified question from the Fayette County Circuit Court:
"Must both of the two prior convictions for criminal acts of domestic violence [as defined and obtained in accord with West Virginia Code § 61-2-28], which are alleged within an Indictment charging a current allegation of domestic violence as a third offense felony, have been obtained against a defendant within ten years of said current allegation, for said prior convictions to be properly used to charge the current allegation of domestic violence as a third offense felony?"
The circuit court would answer the question "yes."
