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STATE v. BARKER

No. 17942.

366 S.E.2d 642 (1988)

STATE of West Virginia v. Robert M. BARKER.

Supreme Court of Appeals of West Virginia.

February 23, 1988.

Attorney(s) appearing for the Case

Richard M. Richmond, Asst. Pros. Atty., Parkersburg, for state.

Ernest M. Douglass, Parkersburg, for Robert Barker.

BROTHERTON, Justice:

Robert M. Barker appeals his conviction by a Wood County jury of Third Offense Driving Under the Influence of Alcohol, W.Va.Code § 17C-5-2(i) (Supp.1987). Barker argues that the lower court erred in admitting (1) evidence of his prior convictions for driving under the influence; (2) the results of a Horizontal Gaze Nystagmus Test; and (3) evidence that Barker refused to take a breathalyzer test.1 For the reasons...

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