STATE v. MORRIS

No. 20906.

421 S.E.2d 488 (1992)

187 W.Va. 737

STATE of West Virginia, Plaintiff Below, v. Carl MORRIS, Defendant Below.

Supreme Court of Appeals of West Virginia.

Decided May 28, 1992.

As Modified July 22, 1992.

Rehearing Denied September 29, 1992.


Attorney(s) appearing for the Case

Joanna I. Tabit, Deputy Atty. Gen., Charleston, for the State.

Jerome Novobilski, Clay, for defendant below.


BROTHERTON, Justice:

The issue in this certified question proceeding is whether a defendant, convicted of driving a motor vehicle when his privilege to do so had been twice previously revoked for operating a motor vehicle under the influence of alcohol, is eligible for probation or some form of alternative sentencing under the law of this State. After reviewing the question presented and the law, the Court concludes that it should be answered in the negative.

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