State Ex Rel. Moomau v. Hamilton

This case comes on a petition by the State of West Virginia (State) for writs of mandamus and prohibition. The State asks us to compel the respondent, the Honorable John M. Hamilton, to sentence the respondent Delmas W. Ours to the penitentiary for one to three years on his conviction of driving under the influence (DUI), third offense. The State further requests that we prohibit Judge Hamilton from any consideration of alternative sentencing for Mr. Ours.

On February 22, 1990, Mr. Ours pleaded guilty in the Circuit Court of Hardy County to DUI, third offense, a violation of W.Va. Code,…