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STATE v. DUKE

No. 23905.

489 S.E.2d 738 (1997)

200 W.Va. 356

STATE of West Virginia, Plaintiff Below, Appellee, v. James Daniel DUKE, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 10, 1997.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Dawn E. Warfield, Deputy Attorney General, Charleston, for Appellee.

Kevin L. Neiswonger, Public Defender Corporation, Moundsville, for Appellant.

DAVIS, Justice:

The defendant below and appellant herein, James Daniel Duke, appeals the January 18, 1996, order of the Circuit Court of Wetzel County. In this order, the circuit court revoked the probation previously ordered to be served by the defendant, and scheduled to expire July 13, 1996, as a result of the defendant having used a controlled substance during his probationary period. The court further sentenced the defendant to a term of one to five years in...

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