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STATE v. DILLINER

No. 29993.

569 S.E.2d 211 (2002)

212 W.Va. 135

STATE of West Virginia, Plaintiff Below, Appellee, v. Ray Lewis DILLINER, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 2, 2002.

Concurring Opinion of Justice Starcher, July 26, 2002.

Attorney(s) appearing for the Case

George J. Cosenza, Esq., Cosenza, Underwood & Merriman, Parkersburg, West Virginia, Attorney for Appellant.

Darrell V. McGraw, Jr., Esq., Attorney General, Scott E. Johnson, Esq., Senior Assistant Attorney General, Charleston, West Virginia, Attorney for Appellee.

MAYNARD, Justice:

This case is before this Court upon appeal of a final order of the Circuit Court of Wood County entered on October 4, 2000. In that order, the circuit court sentenced the appellant and defendant below, Ray Lewis Dilliner, to one-to-three years in the penitentiary and imposed a $3,000.00 fine for his conviction of third offense driving under the influence of alcohol (hereinafter "third offense DUI"). In this appeal, the appellant contends that the...

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