State v. Somerlot

In State v. Somerlot, 209 W. Va. 125, 129, 544 S.E.2d 52, 56 (2000), on December 12, 1996, the Preston County Sheriff's Department filed a complaint alleging that Mr. Somerlot committed a burglary in Preston County on or about June 27, 1996. Based upon this complaint, the magistrate issued an arrest warrant. On December 27, 1996, Mr. Somerlot began serving a two-year prison term in Ohio. On October 1, 1997, the Preston County Sheriff's Department informed the Ohio authorities of interest in Mr. Somerlot, and requested notification of his release. The parties considered this to be equivalent to filing a detainer. A week later, on October 8, 1997, Mr. Somerlot signed an official form entitled "Inmate's Notice of Place of Imprisonment and Request for Disposition of Indictments, Informations, or Complaints," which prison officials then sent on to the Prosecuting Attorney of Preston County. However, the prison officials, "neglected to send the same document to the Preston County Circuit Clerk's Office, despite the fact that the form itself designates one copy for this express purpose." Id 209 W. Va. at 126-27, 544 S.E.2d at 53-54(2000).