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STATE v. JOHNSON

No. 22954.

476 S.E.2d 522 (1996)

197 W.Va. 575

STATE of West Virginia, Plaintiff Below, Appellee, v. Robert C. JOHNSON, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 21, 1996.

Attorney(s) appearing for the Case

George F. Fordham, Clarksburg, for Appellant.

Darrell V. McGraw, Jr., Attorney General, Scott E. Johnson, Assistant Attorney General, for Appellee.

McHUGH, Chief Justice:

The defendant, Robert C. Johnson, appeals his jury conviction in the Circuit Court of Upshur County of first offense driving under the influence of alcohol (hereinafter "DUI").1 The circuit court sentenced the defendant to forty days in the county jail, fined him $100.00, and assessed against him the court costs. For reasons stated below, we affirm the defendant's conviction...

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