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STATE v. COSTELLO

No. 19-0326.

857 S.E.2d 51 (2021)

STATE of West Virginia, Plaintiff Below, Respondent v. Kevin Travis COSTELLO, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Filed: April 2, 2021.

Attorney(s) appearing for the Case

Matthew Brummond , Justin M. Collin , Appellate Advocacy Division, Public Defender Services, Charleston, West Virginia, Attorney for the Petitioner.

Patrick Morrisey , Attorney General, Andrea Nease Proper , Deputy Attorney General, Gordon L. Mowen, II , Assistant Attorney General, Charleston, West Virginia, Attorneys for the Respondent.

Petitioner Kevin Travis Costello ("Mr. Costello") was convicted on one count of DUI causing serious bodily injury. After the jury returned a guilty verdict, the State filed a recidivist information pursuant to the provisions of West Virginia Code section 61-11-18 (eff. 2000) and section 61-11-19 (eff. 1943) and this State...

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