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STATE v. DAY

No. 21884.

447 S.E.2d 576 (1994)

191 W.Va. 641

STATE of West Virginia, Plaintiff Below, Appellee, v. Eric DAY, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 19, 1994.

Attorney(s) appearing for the Case

Larry Frail, Pros. Atty. for Raleigh County, Kristen L. Keller, Chief Deputy Pros. Atty., Beckley, for appellee.

Warren R. McGraw, II, Beckley, for appellant.

PER CURIAM:

Eric Day appeals his five convictions of shoplifting, third offense and the fines imposed as part of his sentence. On appeal Mr. Day alleges that his convictions should be reversed because he was unrepresented by counsel during one of his prior convictions used to enhance his sentence and that the shoplifting statute unconstitutionally imposes a fine of double the value of the merchandise taken. Because Mr. Day's allegations are without merit, we affirm...

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