STATE v. ALLEN

No. 22240.

455 S.E.2d 541 (1994)

193 W.Va. 172

STATE of West Virginia, Plaintiff Below, Appellee v. David Duane ALLEN, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 15, 1994.


Attorney(s) appearing for the Case

Ted Nordstrom, Asst. Pros. Atty., Monongalia County, Morgantown, for appellee.

Edward R. Kohout, Morgantown, for appellant.


CLECKLEY, Justice:

The appellant and defendant below, David Duane Allen, seeks a reversal of his February 24, 1994, conviction for third offense driving under the influence (DUI) on the grounds that the Circuit Court of Monongalia County committed reversible error by communicating with the jury during the deliberations period without defendant's counsel's knowledge. Having examined the specifics of this case, we conclude that reversible error occurred; and, accordingly...

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