- Associated Press - Sunday, June 5, 2016

MARTINSBURG, W.Va. (AP) - The state Supreme Court has reinstated the felony conviction of a former Berkeley County sheriff’s captain in a gun embezzlement case.

The court on Friday overturned a decision last year by Circuit Judge John Yoder that granted Dennis Streets’ motion for a new trial. Yoder had granted the motion at sentencing after a jury earlier found Streets guilty of an embezzlement count.

The high court’s decision says the circuit court “exceeded its legitimate powers” in setting aside the conviction and granting him a new trial. The decision says the evidence at trial “would support the jury’s conviction.”

The case was sent back to circuit court for sentencing.

Prosecutors say Streets of Martinsburg sold 13 guns taken from the sheriff’s office from 2008 to 2013.

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