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STATE v. HADEN

No. 30650.

582 S.E.2d 732 (2003)

213 W.Va. 285

STATE of West Virginia, Plaintiff Below, Appellee, v. Marvin HADEN, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided February 27, 2003.

Dissenting Opinion of Justice Maynard July 26, 2003.

Attorney(s) appearing for the Case

Dwight R. Hall, Elkins, Sims & Hall, for the Appellant.

Darrell V. McGraw, Jr., Attorney General, Allen H. Loughry, II, Senior Assistant, Attorney General, Charleston, for Appellee.

PER CURIAM.

This appeal was filed by Marvin Haden, appellant/defendant below (hereinafter referred to as "Mr. Haden"), from an order of the Circuit Court of Randolph County denying his motion for a new trial. Mr. Haden was convicted by a jury of third offense DUI and sentenced to two to three years imprisonment.1 Here, Mr. Haden assigns error as follows: (1) the trial court erred in allowing the State to amend the indictment; (2) the trial...

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