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STATE v. YOAK

Nos. 24505, 24506.

504 S.E.2d 158 (1998)

202 W.Va. 331

STATE of West Virginia, Appellee, v. Orville Ray YOAK, Appellant. STATE of West Virginia, Appellee, v. Roger D. HARDMAN, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 22, 1998.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Molly M. McGinley, Assistant Attorney General, Charleston, for the State of West Virginia.

David Karickhoff, Butcher & Butcher, Glenville, for Yoak and Hardman.

MAYNARD, Justice:

These appeals originated in the Circuit Court of Calhoun County, West Virginia, where the defendants, Orville Ray Yoak and Roger D. Hardman, were convicted of third offense driving under the influence of alcohol (DUI) and were subsequently sentenced to spend time in the penitentiary. Both defendants petitioned the circuit court for alternative sentencing; however, the court determined it did not have jurisdiction to consider home incarceration as...

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