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STATE v. STUART

No. 22033.

452 S.E.2d 886 (1994)

192 W.Va. 428

STATE of West Virginia, Plaintiff Below, Appellee, v. Gail B. STUART, Jr., Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 8, 1994.

Attorney(s) appearing for the Case

Silas B. Taylor, Sr. Deputy Atty. Gen., David A. Pinkowitz, Third-year law student, Charleston, for appellee.

Linda M. Gutsell, Spilman, Thomas & Battle, Morgantown, for appellant.

CLECKLEY, Justice:

The appellant and defendant below, Gail B. Stuart, Jr., appeals the final order of the Circuit Court of Monongalia County dated May 11, 1993, that sentenced him to serve six months and one day in jail and ordered him to pay a $1,000 fine and court costs for his conviction of second-offense driving under the influence. The final order also denied the defendant's motion for a new trial, but stayed the execution of the sentence pending this appeal...

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