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STATE v. EVANS

Nos. 25000, 25209.

508 S.E.2d 606 (1998)

203 W.Va. 446

STATE of West Virginia, Appellee, v. Robert Vaughn EVANS, Appellant. STATE of West Virginia, Appellee, v. James B. LEWIS, Appellant.

Supreme Court of Appeals of West Virginia.

Decided September 30, 1998.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Victors S. Woods, Allen H. Loughry, Assistant Attorneys General, Charleston, West Virginia, Attorneys for Appellee.

Thomas G. Dyer, Clarksburg, West Virginia, Attorney for Appellant (Case No. 25000).

Dorwin J. Wolfe, Esq., Elkins, West Virginia, Attorney for Appellant (Case No. 25209).

WORKMAN, Justice:

These cases have been consolidated to resolve the issue of whether the West Virginia Rules of Evidence or Criminal Procedure preclude the use of a conviction based upon a plea of nolo contendere for purposes of probation revocation and/or sentence enhancement under this state's recidivism laws. Upon examining the respective rules, applicable law, and commentary on these issues, we conclude that convictions predicated on pleas of nolo contendere can...

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