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STATE v. PALMER

No. 29636.

557 S.E.2d 779 (2001)

210 W.Va. 372

STATE of West Virginia, Plaintiff Below, Appellee, v. Herman R. PALMER, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 7, 2001.

Dissenting Opinion of Justice Davis December 12, 2001.

Attorney(s) appearing for the Case

Christopher C. Quasebarth, Assistant Prosecuting Attorney, Martinsburg, West Virginia, Attorney for Appellee.

Christopher K. Robertson, Esq., Jackson & Kelly, Martinsburg, West Virginia, Attorney for Appellant.

PER CURIAM.

Herman R. Palmer, defendant below and appellant herein, appeals the November 6, 2000 order of the Circuit Court of Berkeley County that denied reconsideration of his motion for correction of sentence filed pursuant to W. Va. R.Crim. P. 35(a). Palmer was convicted and sentenced for felony third-offense driving while suspended or revoked for driving under the influence, W. Va.Code § 17B-4-3(b), and sought...

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