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STATE EX REL. MOOMAU v. HAMILTON

No. 19671.

400 S.E.2d 259 (1990)

STATE of West Virginia ex rel. William D. MOOMAU v. Honorable John M. HAMILTON, Judge of the Circuit Court of Hardy County, and Delmas W. Ours.

Supreme Court of Appeals of West Virginia.

December 6, 1990.

Attorney(s) appearing for the Case

William D. Moomau, Hardy County Pros. Atty., Moorefield, for William D. Moomau.

John M. Hamilton, Judge, Circuit Court, Moorefield, pro se.

William H. Bean, Moorefield, for Delmas W. Ours.

PER CURIAM:

This case comes on a petition by the State of West Virginia (State) for writs of mandamus and prohibition. The State asks us to compel the respondent, the Honorable John M. Hamilton, to sentence the respondent Delmas W. Ours to the penitentiary for one to three years on his conviction of driving under the influence (DUI), third offense. The State further requests that we prohibit Judge Hamilton from any consideration of alternative sentencing for Mr. Ours...

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