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STATE v. BRUFFEY

No. 26573.

531 S.E.2d 332 (2000)

207 W.Va. 267

STATE of West Virginia, Plaintiff Below, Appellee, v. Kenneth A. BRUFFEY, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 5, 2000.

Attorney(s) appearing for the Case

Ira M. Haught, Esq., Harrisville, West Virginia, Attorney for Appellant.

Darrell V. McGraw, Jr., Attorney General, Denise L. Avampato, Assistant Attorney General, Charleston, West Virginia, Attorneys for Appellee.

SCOTT, Justice:

The Appellant, Kenneth A. Bruffey, appeals from an order of the Circuit Court of Doddridge County, entered on January 25, 1999, sentencing him for the crimes of third offense driving under the influence of alcohol (hereinafter "DUI"), a felony, and driving on revoked license for DUI and no proof of insurance, both misdemeanors. The assignments of error are: (1) the circuit court erred by refusing to order a presentence investigation and report prior...

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