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STATE v. WILLIAMS

No. 23181.

474 S.E.2d 569 (1996)

196 W.Va. 639

STATE of West Virginia, Plaintiff Below, Appellee, v. Danny Ray WILLIAMS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 17, 1996.

Attorney(s) appearing for the Case

Deborah L. McHenry, Managing Deputy Attorney General, Charleston, for Appellee.

Ira M. Haught, Harrisville, for Appellant.

WORKMAN, Justice:

Appellant Danny Ray Williams challenges the application of West Virginia Code § 61-11-18 (Supp.1995), the criminal recidivist statute, to enhance his sentencing for third offense DUI. Finding no error, we affirm the lower court's decision.

On January 11, 1995, Appellant was indicted for third offense DUI pursuant to West Virginia Code § 17C-5-2 (Supp.1995).1 At the conclusion of the trial on June 5,...

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