State v. Phalen

McHUGH, Justice:

The appellant, Mark Wayne Phalen, was convicted of one count of forgery pursuant to W.Va.Code, 61^4-5 [1961] in the Circuit Court of Clay County, and was sentenced by an order dated December 22, 1992, to a one to ten year prison term.1 The appellant appeals his forgery conviction.

I

On February 6, 1991, the appellant was stopped by the police for driving under the influence of alcohol (hereinafter “DUI”) (at some point during the arrest and processing the appellant registered .239 on a breathalyzer test). After the appellant was stopped, he informed the police that he did not…