State v. Williams

STARCHER, Justice.

Donald E. Williams, Jr. appeals his conviction in the Circuit Court of Mercer County for driving under the influence, second offense, in violation of W.Va.Code, 17C-5-2 [1996], Mr. Williams was sentenced to six months in jail, but the sentence was suspended and as an alternate sentence, he was sentenced to serve six months in home incar*468ceration, with specific limitations under W.Va.Code, 62-11B-5 [1994], On appeal Mr. Williams argues: first, that his offense should be reduced to a first offense because his previous conviction in Virginia could have been for “operating”…