State v. Williams

WORKMAN, Justice:

Appellant Danny Ray Williams challenges the application of West Virginia Code § 61-11-18 (Supp.1995), the criminal recidivist statute, to enhance his sentencing for .third offense DUI. Finding no error, we affirm the lower court’s decision.

On January 11, 1995, Appellant was indicted for third offense DUI pursuant to West Virginia Code § 17C-5-2 (Supp.1995). 1 At the conclusion of the trial on June 5, 1995, the jury convicted Appellant of third offense DUI. Following the announcement of the verdict, the prosecutor, stated that he intended to charge Appellant as a recidivist…