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STATE v. NICHOLS

No. 26009.

541 S.E.2d 310 (1999)

STATE of West Virginia, Plaintiff Below, Appellee, v. Bobby Lee NICHOLS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 3, 1999.

Dissenting Opinion of Justice Maynard December 15, 1999.

Attorney(s) appearing for the Case

Franklin D. Cleckley, Morgantown, West Virginia, Attorney for the Appellant.

Darrell V. McGraw, Jr., Attorney General, Dawn E. Warfield, Deputy Attorney General, Charleston, West Virginia, Attorneys for the Appellee.

DAVIS, Justice:

Bobby Lee Nichols, appellant and defendant below (hereinafter referred to as "Mr. Nichols"), was convicted by a jury for the crime of third offense DUI. Mr. Nichols was also convicted of driving on a suspended license. The circuit court sentenced Mr. Nichols to one to three years confinement for the DUI conviction. The circuit court also sentenced Mr. Nichols to six months confinement for driving on a suspended...

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