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STATE v. HOLLAND

No. 17320.

364 S.E.2d 535 (1987)

STATE of West Virginia v. James F. HOLLAND.

Supreme Court of Appeals of West Virginia.

Petition for Rehearing August 3, 1987.

Rehearing Denied November 10, 1987.

Attorney(s) appearing for the Case

David Johnson, Asst. Atty. Gen., for appellant.

Richard H. Brumbaugh, Gerald M. Titus, Jr., Brumbaugh & Titus, Spencer, for appellee.

PER CURIAM:

The defendant, James F. Holland, was arrested on November 27, 1984 and charged with driving under the influence of alcohol, second offense. He was tried in magistrate court without a jury and was convicted and sentenced to eight months in jail. The defendant appealed his conviction to the Circuit Court of Calhoun County under W.Va.Code, 50-5-13 [1984]. On September 18, 1985, he was convicted by a jury of first offense driving under the influence...

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