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STATE v. WILLIAMS

No. 23744.

490 S.E.2d 285 (1997)

200 W.Va. 466

STATE of West Virginia, Plaintiff Below, Appellee, v. Donald E. WILLIAMS, Jr., Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 18, 1997.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Victor S. Woods, Assistant Attorney General, Molly M. McGinley, Assistant Attorney General, Charleston, for Appellee.

R. Thomas Czarnik, Princeton, for Appellant.

STARCHER, Justice.

Donald E. Williams, Jr. appeals his conviction in the Circuit Court of Mercer County for driving under the influence, second offense, in violation of W.Va.Code, 17C-5-2 [1996]. Mr. Williams was sentenced to six months in jail, but the sentence was suspended and as an alternate sentence, he was sentenced to serve six months in home incarceration, with specific limitations under W.Va.Code,

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