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STATE v. GIBSON

No. 35520.

703 S.E.2d 539 (2010)

STATE of West Virginia, Plaintiff v. Dennis R. GIBSON, Defendant.

Supreme Court of Appeals of West Virginia.

Decided October 28, 2010.

Attorney(s) appearing for the Case

Carl L. Harris, Esq. , Prosecuting Attorney of Fayette County, Fayetteville, WV, for Plaintiff.

Nancy S. Fraley, Esq. , Public Defender Corporation, Fayetteville, WV, for Defendant.

BENJAMIN, Justice:

In this case, this Court answers the following question certified by the Circuit Court of Fayette County:

Must both of the two prior convictions for criminal acts of domestic violence [as defined and obtained in accord with West Virginia Code § 61-2-28], which are alleged within an indictment charging a current allegation of domestic violence as a third offense felony, have been obtained against a defendant within ten years of said...

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