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MILLER v. WOOD

Nos. 11-0815, 11-0891.

729 S.E.2d 867 (2012)

Joe E. MILLER, Commissioner of the West Virginia Division of Motor Vehicles, Petitioner v. Justin Brant WOOD, Respondent. Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles, Petitioner v. Mark Thompson, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 18, 2012.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Esq. , Attorney General, Scott Johnson, Esq. , Senior Assistant Attorney General, Elaine L. Skorich, Esq. , Assistant Attorney General, Charleston, WV, for Petitioner.

Michael L. Solomon, Esq. , Solomon & Solomon, Morgantown, WV, for Respondent Justin Brant Wood.

Harley O. Wagner, Esq. , The Wagner Law Firm, Martinsburg, WV, and Jason M. Glass, Esq. , Glass Defense Firm, Clarksburg, WV, for Respondent Mark Thompson.

BENJAMIN, Justice:

These two consolidated appeals are brought before the Court by Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles (hereinafter referred to as "the Commissioner"), the petitioner herein, challenging two separate orders of the Circuit Court of Kanawha County holding that the nolo contendere pleas of the respondents, Justin Brant Wood and Mark Thompson ["respondents"], do not constitute convictions under W. Va.Code ...

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