State Ex Rel. Hagg v. Spillers

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, 170-5-2(0 (1983).

The essence of the relator’s claim is that the judge is acting beyond his jurisdiction in sentencing each of the defendants to one-to-three years in the penitentiary and then placing the defendants on probation.

The respondents…