STATE v. HOPKINS

No. 22079.

453 S.E.2d 317 (1994)

192 W.Va. 483

STATE of West Virginia, Plaintiff Below, Appellee, v. Brian HOPKINS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 8, 1994.

Concurring in Part, Dissenting in Part, Opinion of Justice Cleckley January 31, 1995.


Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Atty. Gen., Shawn Anthony Taylor, Asst. Atty. Gen., Charleston, for appellee.

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


NEELY, Justice:

Brian Hopkins appeals his conviction for shoplifting, third offense and the fines imposed as part of his sentence. On appeal, Mr. Hopkins argues that his conviction should be reversed because the circuit court improperly used his prior uncounseled shoplifting convictions to enhance his sentence. Because a sentencing court is not prohibited from considering a defendant's previous valid uncounseled misdemeanor...

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