Legal Opinion

State v. Day

West Virginia Supreme Court

Decided July 19, 1994No. 21884PublishedCited by 4 opinions

1Per curiam

Eric Day appeals his five convictions of shoplifting, third offense and the fines imposed as part of his sentence. On appeal Mr. Day alleges that his convictions should be reversed because he was unrepresented by counsel during one of his prior convictions used to enhance his sentence and that the shoplifting statute unconstitutionally imposes a fine of double the value of the merchandise taken. Because Mr. Day’s allegations are without merit, we affirm both his convictions and the fines imposed as part of his sentence.

Mr. Day was charged with five separate incidents of shoplifting. On July…

2Cases cited20 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. United States v. TuckerSupreme Court of the United States · 1972
  4. Austin v. United StatesSupreme Court of the United States · 1993
  5. Burgett v. TexasSupreme Court of the United States · 1967

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3Cited by4 opinions

  1. State v. HopkinsWest Virginia Supreme Court · 1995
  2. Sniffin v. ClineWest Virginia Supreme Court · 1995
  3. Miller v. ClineWest Virginia Supreme Court · 1995
  4. State v. HopkinsWest Virginia Supreme Court · 1995

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