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STATE EX REL. HAGG v. SPILLERS

No. 19057.

382 S.E.2d 581 (1989)

STATE of West Virginia ex rel. Thomas D. HAGG v. The Honorable George L. SPILLERS, Judge of the Circuit Court of Hancock County, Donald Lee Tustin, Glenn Russell Kidd.

Supreme Court of Appeals of West Virginia.

July 14, 1989.

Attorney(s) appearing for the Case

James W. Davis, Jr., Asst. Pros. Atty., Weirton, for Hagg.

Arthur J. Recht, Volk, Frankovitch Anetakis, Recht, Robertson & Hellerstedt, Wheeling, for Kidd.

F. William Brogan, Jr., Robertson & Brogan, Weirton, for Tustin.

MILLER, Justice:

In this original proceeding in prohibition, the relator, Thomas D. Hagg, the prosecuting attorney of Hancock County, seeks to prohibit the Honorable George L. Spillers from executing orders sentencing the two respondents, Donald Lee Tustin and Glenn Russell Kidd, for third-offense driving under the influence of alcohol under W.Va. Code, 17C-5-2(i) (1983).

The essence of the relator's claim is that the judge is acting beyond his jurisdiction...

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