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STATE v. HAWK

No. 33435.

664 S.E.2d 133 (2008)

STATE of West Virginia, Plaintiff Below, Appellee v. Owen HAWK, III, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided April 7, 2008.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, R. Christopher Smith, Assistant Attorney General, Charleston, WV, for Appellee.

Teresa C. Monk, Spencer, WV, for Appellant.

PER CURIAM.

This is an appeal by Owen Hawk, III, (hereinafter "Appellant") from a September 28, 2006, order of the Circuit Court of Roane County sentencing the Appellant to a term of one to five years in the state penitentiary upon his conviction by a jury of one count of fleeing from an officer in a vehicle while under the influence of alcohol, in violation of West Virginia Code § 61-5-17(i) (2001) (Repl.Vol.2005). The Appellant maintains that the lower court...

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