STATE v. FOX

No. 25171.

531 S.E.2d 64 (2000)

207 W.Va. 239

STATE of West Virginia, Appellee, v. James A. FOX, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 23, 1998.

Dissenting Opinion of Justice Starcher December 22, 1998.


Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Esq., Attorney General, Rory L. Perry, Esq., Assistant Attorney General, Charleston, West Virginia, Attorneys for the Appellee.

Drema D. Sinkkanen, Esq., Public Defender Corporation, Clarksburg, West Virginia, Attorney for the Appellant.


PER CURIAM:

This case is before this Court upon appeal of a final order of the Circuit Court of Harrison County entered on October 9, 1997. The appellant, James A. Fox, was convicted by a jury of third offense driving under the influence [hereinafter "DUI"]. In this appeal, the appellant contends that the circuit court erred by refusing to bifurcate the issue of guilt on this offense from the issue of whether he had previously been convicted of DUI. Essentially, the...

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