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STATE EX REL. KUTSCH v. WILSON

No. 21530.

427 S.E.2d 481 (1993)

189 W.Va. 47

STATE of West Virginia, ex rel. Patricia V. KUTSCH, Prosecuting Attorney of Ohio County, Petitioner, v. The Honorable Ronald E. WILSON, Circuit Judge of Ohio County, and Earl Thomas Beals, Respondents.

Supreme Court of Appeals of West Virginia.

Decided February 11, 1993.

Attorney(s) appearing for the Case

Gary L. Rymer, Moundsville, for Earl Thomas Beals.

Mario J. Palumbo, Atty. Gen., Rodney L. Bean, Asst. Atty. Gen., Charleston, for petitioner.

NEELY, Justice:

In May, 1992, Earl Thomas Beals was indicted by an Ohio County Grand Jury for third offense driving under the influence of alcohol (DUI). Mr. Beals was convicted of DUI twice before, once in West Virginia and once in Ohio. Mr. Beals' third DUI indictment exposed him to the enhanced penalty for repeat offenders set for in W.Va.Code 17C-5-2(i) [1986]. To avoid this enhanced penalty, Mr. Beals moved the Circuit Court of Ohio County to exclude his...

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